Appeal No. 2002-1394
Application No. 09/109,132
insert rearward of pivot shaft 20, into actuator motor 22. The holes accepting the two
fasteners are also shown in Figure 2 of Daniel. Col. 2, l. 66 - col 3, l. 17.
The statement of the rejection is clearly deficient in asserting that Daniel teaches
all of instant claim 1 except for the “attaching member.” Daniel does not provide any
details that show or suggest a fixing screw to connect the cover, the second yoke and
the first yoke to the base. Further, as appellants suggest in the Brief, the relevant
fasteners of Daniel appear to be of insufficient length to extend as required by the claim.
The examiner repeats the statement of the rejection in the Answer. However, in
the “Response to Argument” section, the examiner refers -- apparently for the first time -
- to screw 53, Figure 14 of Ohkjita, as corresponding to the claimed “attaching member.”
Further, fixing screw 12, Figure 5 of Ohkjita, is deemed to correspond to the claimed
“fixing screw.” Still further, the “pivot screw” of Daniel is deemed to correspond the
“fixing screw” of Ohkjita. (Answer at 5-6.)
The examiner’s findings in the Answer suggest a better rejection, although not
formally stated. Ohkjita discloses, as shown in Figures 3 and 5, inner wheel side holder
10 containing securing screw 12 that extends through upper yoke plate 37, lower yoke
plate 38, and into a threaded hole formed in base plate 6. Col. 5, l. 66 - col. 6, l. 9. In
terms of instant claim 1, Ohkjita thus discloses a fixing screw to connect the second
yoke and the first yoke to the base. Ohkjita also discloses, as shown in Figures 3 and
14, fixed shaft 50 containing screw 53, attaching at least lower yoke plate 38 to base 6.
Col. 6, l. 65 - col. 7, l. 16.
-4-
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007