Appeal No. 2006-0954
Application No. 10/316,444
47). The rate of change of mechanical advantage is primarily a
function of 1) the distance (RECA, figure 6) between the lever
pivot point (36) and the effective cable attachment point (48),
which is the point where the cable contacts the outer periphery
of the handle and is tangent thereto, and 2) the angle (β,
figure 6) between a line coincident with the effective radius of
the brake lever (Reff, figure 6) and a line between the lever
pivot point and the effective cable attachment point (col. 4,
lines 55-64).
The examiner has not established that one of ordinary skill
in the art would have considered Cheever’s approach to obtaining
mechanical advantage by selecting parameters related to a point
of effective cable attachment to be applicable to Buckley’s
hydraulic system.
The examiner points out that it was well known in the
mechanical arts that levers provide mechanical advantage (answer,
page 3). The examiner argues, in reliance upon In re Boesch, 617
F.2d 272, 205 USPQ 215 (CCPA 1980), and In re Aller, 220 F.2d
454, 105 USPQ 235 (CCPA 1955), that the appellant is merely
optimizing the general conditions in Buckley’s figure 1 (answer,
page 4). In Boesch, 617 F.2d at 276, 205 USPQ at 219, the court
the handlebar such that the select angle Ө in figure 15 is at least 90°
(specification, page 16, line 12 – page 17, line 14).
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