Appeal No. 2005-2603 Παγε 7
Application No. 10/118,068
re McGuire, 416 F.2d 1322, 1327, 163 USPQ 417, 421 (CCPA 1969), cert. denied, 397
U.S. 989 (1970).
Appellants argue on page 6 of the reply brief that
[w]hile Batchelder does disclose noise reduction as an
advantage, Batchelder discloses that the utilization of
toothless contacting driving and driven members results in
"quiet and [vibrationless] to a maximum degree." See col.
1, lines 12-20. As noted on page 11 of the Appeal Brief,
Batchelder goes on to disclose a complex mechanism with
multiple shafts and rollers instead of the configuration of the
present invention wherein one of a sun roller, a planetary
carrier, and a ring roller is used as a fixed element, with the
other of the two being used as an input element and a
remaining one being used as an output element. As such,
Applicants submit that mechanism of Batchelder cannot be
properly compared with the frictional transmission unit of the
present invention.
Initially, as discussed above, we understand the examiner's position to be that it
would have been obvious, in view of the teachings of Batchelder, to replace the toothed
gears of Minegishi's simple planetary gear mechanism C with toothless rollers to
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