Appeal 2006-3055
Application 10/440,124
Yordi does not disclose a thrust plate 19 with at least one notch engaging the
camshaft 12.
ANALYSIS
Claim 1 is not anticipated by Frank because Frank does not disclose a
retaining plate that maintains the camshaft in position. Rather, the thrust plate of
Frank would not prevent the camshaft from moving out of the engine block. As
such, the thrust plate of Frank does not function as a retaining plate because it does
not maintain the camshaft in position. As such, we find that claim 1, and its
dependent claim 3, are not anticipated by Frank.
Claim 7 is also not anticipated by Frank because Frank does not disclose a
retaining plate with at least one notch engaging the camshaft. Although the thrust
plate of Frank engages the camshaft between its first and second ends, Frank does
not disclose how the thrust plate fits about the camshaft. As such, it would be
speculative to find that Frank discloses a plate having a notch. Accordingly, we
find that claim 7 is not anticipated by Frank.
Claims 5 and 8 are not rendered obvious by Frank because these claims
require that the retaining plate have a pair of notches. Based on our finding that
Frank’s thrust plate does not have a single notch, we find no teaching, suggestion,
or motivation that would have led one having ordinary skill in the art to have made
a thrust plate with two notches. As such, claims 5 and 8 are not obvious in view of
Frank.
Claims 2, 4, 6, 9, and 10 are not rendered obvious by Frank and Yordi
because Yordi does not cure the deficiencies of Frank. Claims 2 and 4 depend
7
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