Ex Parte Nerstad et al - Page 3



         Appeal No. 2006-1364                                                       
         Application No. 10/218,952                                                 
              We reverse the aforementioned rejection.                              
              Claim 1, which is the sole independent claim, requires that           
         a transmission module is substantially enclosed within a casing,           
         and that a creeper module is substantially enclosed within a               
         housing that is detachably mountable to an external portion of             
         the casing.                                                                
              The examiner relies upon an unlabeled portion near the                
         center of Mann’s figure 3 as corresponding to the appellants’              
         transmission module, and relies upon Mann’s housing 1 in that              
         figure as corresponding to the appellants’ casing (answer,                 
         page 4).  The examiner relies upon Mann’s friction clutch (9, 10;          
         figure 2) as corresponding to the appellants’ creeper module, and          
         relies upon housing 1 in that figure as corresponding to the               
         appellants’ housing (answer, page 5).  The examiner argues that            
         because there are what appear to be seals in the upper and lower           
         left regions of figure 2 between the portion of housing 1 relied           
         upon as corresponding to the appellants’ casing and the portion            
         of housing 1 relied upon as corresponding to the appellants’               



         housing, the housing portion is detachably mountable to the                
                                                                                   
         US 3,359,833 to Flinn is withdrawn in the examiner’s answer (page 3).      
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