Ex Parte Schumacher - Page 7




              Appeal No. 2004-2042                                                                  Page 7                
              Application No. 10/019,269                                                                                  



                     The appellant argues (brief, pp. 9-13) that there is no teaching in Schenk that the                  
              period of time the braking force is reduced is selected to be so short that any reduction                   
              of the braking force is imperceptible as required by claims 8, 9 and 20.  We agree.   In                    
              that regard, Schenk does not disclose that the period of time of the actuation in the                       
              release direction is only so brief that any stresses in the drive of the assembly will be                   
              reversed and that the static friction will change into a sliding friction.  Thus, Schenk does               
              not teach that the period of time the braking force is reduced is selected to be so short                   
              that any reduction of the braking force is imperceptible as required by claims 8, 9 and                     
              20.                                                                                                         


                     Since the "imperceptible" limitation as used in independent claims 8, 9 and 20 is                    
              not taught by Schenk, the decision of the examiner to reject claims 8, 9 and 20, and                        
              claims 10 to 19 and 21 to 25 dependent thereon, under 35 U.S.C. § 102(b) is reversed.                       



















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