Appeal No. 2004-2060
Application No. 09/891,271
modified version of the hand-operated control assembly adapted to
be used in conjunction with a vehicle having an automatic
transmission is shown in Figures 6 and 7 of Counts.
Looking particularly to the clutch (14, 79) seen in the
embodiment of Figures 1-4 of Counts, we note that the control
assembly (22) includes a hand-operated clutch control lever (86)
secured to support shaft (30) adjacent one end thereof, a clutch
crank arm (92) secured to a portion of shaft (30) adjacent the
opposite end thereof, and a clutch control rod (72) having an
upper end secured to crank arm (92) and an inner or lower portion
(76) with a bifurcated clevis (82) pivotally secured to the
clutch lever (14) adjacent pedal (79). Operation of the clutch
portion of the control assembly (22) is set forth in column 4,
lines 15+ of Counts.
Given the foregoing, it is clear to us that Counts has no
"preassembled constructional unit" of the type defined in
appellants' claims 1, 6 and 9 on appeal, and that the examiner's
findings that clutch (14, 79) of Counts is swivellably held in an
insert (82) which thereby forms such a “preassembled
constructional unit,” and that the preassembled constructional
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