Ex Parte Goldberg et al - Page 15




              Appeal No. 2003-0275                                                                Page 15                 
              Application No. 09/550,032                                                                                  


                     With regard to claim 11, the above-noted modification of Bodie does not result in                    
              a retarding system having at least one magnet supported for rotation with the axle shaft.                   
              In the modified system of Bodie the rotating magnet would be supported for rotation                         
              with the motor shaft, not on the axle shaft as recited in claim 11.  Moreover, in the                       
              rejection of claim 11, the examiner failed to account for the limitation that the axle has a                
              housing extending between a pair of wheels and including an axle shaft rotatably                            
              supported with respect to the housing for driving the wheels, a limitation not taught by                    
              any of the applied prior art.                                                                               


                     With regard to claim 15, the above-noted modification of Bodie does not result in                    
              the step of generating a magnetic field between the rotating member and the axle                            
              housing during braking to produce a retarding force.  In the modified system of Bodie                       
              the step of generating a magnetic field is done between the motor shaft and the motor                       
              housing not the rotating member and the axle housing as recited in claim 1.  Moreover,                      
              in the rejection of claim 15, the examiner again failed to account for the step of                          
              providing an axle housing extending between a pair of wheels, a limitation not taught by                    
              any of the applied prior art.                                                                               


                     With regard to claim 20, the above-noted modification of Boberg does not result                      
              in a retarding system having at least one magnet mounted for rotation with at least one                     








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