Ex Parte Chien et al - Page 3

                Appeal 2007-0550                                                                                 
                Application 10.763,714                                                                           
                       The following rejections are before us for review.                                        
                       Claims 1, 4, 6, 13, 14, 19-21, 23 and 24 stand rejected under 35                          
                U.S.C. § 102(b) as anticipated by Attinger.                                                      
                       Claim 7 stands rejected under 35 U.S.C. § 103(a) as unpatentable over                     
                Attinger in view of Anderson.                                                                    
                       Claims 8, 15 and 17 stand rejected under 35 U.S.C. § 103(a) as                            
                unpatentable over Attinger in view of Inoue.                                                     
                       Claims 11, 12, 18 and 22 stand rejected under 35 U.S.C. § 103(a) as                       
                unpatentable over Attinger in view of Seki.                                                      
                       The Examiner provides reasoning in support of the rejections in the                       
                Final Rejection (mailed December 30, 2004) and Answer (mailed July 11,                           
                2006).  Appellants present opposing arguments in the Appeal Brief (filed                         
                August 31, 2005) and Reply Brief (filed September 11, 2006).                                     

                                                    FACTS                                                        
                       Our findings with respect to Attinger are as follows:                                     
                       Attinger transmits motion from a motor (not shown) to wheel-set shaft                     
                3 via a transmission arranged in transmission housing 5.  The transmission                       
                surrounds the wheel-set shaft 3 and transmits motion to hollow shaft 7,                          
                which transmits motion to a second hollow shaft 9 via shaft coupling 8,                          
                hollow shaft 9 in turn transmitting motion to wheel-set shaft 3 via another                      

                                                                                                                
                translation of Attinger, a reference relied on by the Examiner in rejecting                      
                claims in both the first Office Action (mailed September 8, 2004) and the                        
                Final Rejection (mailed December 30, 2004), we find it equally mystifying                        
                that Appellants would incur the expense of preparing and filing responses to                     
                the first Office Action and Final Rejection and the expense of preparing and                     
                filing an Appeal Brief without themselves obtaining a translation.                               
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