Ex Parte Lipp et al - Page 2




              Appeal No. 2004-0763                                                                   Page 2                 
              Application No. 09/758,641                                                                                    


                     The examiner relied upon the following prior art references in rejecting the                           
              appealed claims:                                                                                              
              Amonett                              5,684,281                    Nov. 04, 1997                               
              Yamane et al. (Yamane)               6,213,677                    Apr.  10, 2001                              
                                                                        (filed Nov. 03, 1998)                               
                     Claims 1-11 and 17-22 stand rejected under 35 U.S.C. § 103(a) as being                                 
              unpatentable over Amonett in view of Yamane.                                                                  
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                          
              the appellants regarding the above-noted rejection, we make reference to the answer                           
              (Paper No. 8) for the examiner's complete reasoning in support of the rejection and to                        
              the brief (Paper No. 7) for the appellants’ arguments thereagainst.                                           
                                                        OPINION                                                             
                     In reaching our decision in this appeal, we have given careful consideration to                        
              the appellants’ specification and claims, to the applied prior art references, and to the                     
              respective positions articulated by the appellants and the examiner.  As a consequence                        
              of our review, we make the determinations which follow.                                                       
                     Amonett discloses an appliance timer assembly comprising a shaft control knob                          
              504, a control shaft 438 and a shaft locking pin 502.  The control shaft 438 includes a                       
              shaft base end 496, a shaft hub bearing 498 and a shaft control end 500.  The control                         
              shaft 438 cooperates with the base control shaft mount 142 (Figure 3b) and camstack                           
              hub to provide a rotational axis for the camstack 62.  The shaft control knob 504                             








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