Ex Parte Scheib et al - Page 6



          Appeal No. 2005-0562                                                         
          Application 09/824,276                                                       

          utilized the detent mechanism of Jones... within Reynolds... as              
          an addition to the non-descript internal structure of the detent             
          mechanism of Reynolds... so as to provide vital sensory                      
          information for the transmission” (final rejection, pages 3-4).              

          In responding to appellants’ arguments in the brief                          
          concerning lack of motivation to combine the applied references,             
          the examiner has amplified the position in the final rejection by            
          now indicating on page 3 of the answer that                                  
               it would have been obvious to have modified Reynolds,                   
               specifically the internal structure of the shift indicator              
               mechanism acted upon by the plunger 144, with only the                  
               mechanical attributes of the shift indicator system of                  
               Jones, specifically the plunger 110 having an arcuate                   
               surface 122, and shift sensor mechanism 132, 138, so as to              
               create a robust, two-position sensory system that relays                
               shift position information to a central ECU, thereby                    
               providing proper and safe shifting, as suggested by Jones.              
               Note that Reynolds only shows a generic shift indicating                
               mechanism acted upon by a plunger and Jones teaches to one              
               of ordinary skill in the art the providing of a plunger with            
               an arcuate surface to engage a shift actuating shank to                 
               indicate a shift position.  As such there is a clear                    
               motivation to modify Reynolds in view of Jones.                         






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