Ex Parte Spurr - Page 5




          Appeal No. 2004-1599                                                         
          Application No. 09/784,466                                                   


          apply a force in the first direction as required by claims 1 and             
          21.  See the Brief and the Reply Brief in their entirety.  We do             
          not agree with the appellant for the reasons set forth by the                
          examiner in the Answer.  Specifically, we observe that Arnold                
          teaches (column 6, lines 31-39 and column 8, lines 37-42) that:              
               Main compression spring 30 then expands to displace the                 
               moveable member to the right toward the illustrated brake               
               applied position.  If desired, during this movement of                  
               movable member 8 to the right toward the brake-actuated                 
               position, the electric motor 50 may be operated ... to                  
               control the speed of return travel of the movable                       
               member ....                                                             
               ... said electric motor is a reversible direct-current                  
               motor (50); and further including means for operating                   
               said motor when said movable member is in the brake-                    
               applied position to further drive the movable member in                 
               the brake-applied direction. [Emphasis added].                          
          Implicit in these teachings is that both the electric motor and the          
          spring assist the movement of the movable member 8 at least during           
          one point in which the movable member 8 moves toward right (the              
          brake-applied direction).                                                    
               Thus, we concur with the examiner that Arnold teaches each and          
          every feature of the subject matter recited in claims 1 and 21.1             

               1 We also agree with the examiner that claim 1 is broader               
          than claim 21 in that claim 1 merely requires that the motor 50              
          be “capable” of applying a force in first and second (opposite)              
          directions to drive a movable member (rather than actually using             
          the motor to apply a force in the first and second directions to             
                                                              (continued...)           
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