Ex Parte Trease - Page 5



             Appeal 2006-3055                                                                                  
             Application 10/440,124                                                                            
                   The engine of claim 7 includes a retaining plate having at least one notch                  
             “engaging the at least one camshaft between the first and second ends.”                           
                   The specification does not provide any definition for “notch.”                              
                   A common meaning of “notch” is “a V-shaped indentation or hollow (as in a                   
             surface or edge).”  Webster’s Third International Dictionary (unabridged) 1543                    
             G. & C. Merriam Co., 1971 (excerpt attached).                                                     
                   We find that one having ordinary skill in the art at the time of the invention              
             would have understood “notch,” in view of the specification, to have meant an                     
             indentation on the edge of the retaining plate.                                                   
                   Frank discloses an engine 10 having a camshaft member 22 and a camshaft                     
             thrust plate 62 (Frank, Figure 1, col. 1, ll. 66-69 and col. 2, l. 27).                           
                   The only description provided by Frank of the camshaft thrust plate 62 is as                
             follows:  “The camshaft thrust plate 62 is also formed to include passages 63 and                 
             engine wall 52 is cut back as at 64 to insure the accessibility of lubricant in the               
             vicinity of the eccentric 36, bushing 44 and control arm 30.” (Frank, col. 2, ll. 27-             
             31).                                                                                              
                   The only depiction of the camshaft thrust plate 62 is in Figure 1 of Frank.                 
             Figure 1 shows that camshaft 22 has a wider diameter to the right side and a                      
             narrower diameter to the left side of camshaft thrust plate 62.  As such, camshaft                
             thrust plate 62 is disposed in engine 10 so that it prevents camshaft 22 from                     
             moving in the left direction but it does not prevent camshaft 22 from moving in the               
             right direction (Frank, Figure 1).                                                                



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