Appeal No. 2004-2060 Application No. 09/891,271 unit with clutch is optionally removable from the vehicle, are in error. Notwithstanding that the clutch pedal (14, 79) and the portion of control apparatus (22) associated therewith in Counts may be individually removable from the vehicle, as the examiner appears to so urge on pages 5 and 6 of the answer, the clutch pedal (14, 79) in Counts is not part of any preassembled constructional unit, which constructional unit can be fastened between projecting legs of a mounting plate and is constructed to be optionally removable therefrom as a unit when the vehicle includes an automatic transmission. Nor do we view the limitations regarding the "preassembled constructional unit" of claims 1, 6 and 9 on appeal as being mere process limitations which, according to the examiner, can be given no patentable weight. For those reasons, we will not sustain the examiner's rejection of independent claims 1, 6 and 9 under 35 U.S.C. § 102(b) based on Counts, or the rejection of dependent claims 2, 3, 7, 8, 10 and 11 under 35 U.S.C. § 102(b). Thus, the decision of the examiner is reversed. 66Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007