Ex Parte Krimm et al - Page 2

            Appeal 2007-2003                                                                                
            Application 09/726,589                                                                          

        1   indicated that claims 5-7 are directed to allowable subject matter.  We have                    
        2   jurisdiction under 35 U.S.C. §§  134 and  6(b).                                                 

        3          The claimed invention is a gate plate for an automatic gear shift mechanism              
        4   in an automotive vehicle with an automatic transmission.  The gate plate is in the              
        5   automatic transmission gearshift housing and is where the gearshift mechanism                   
        6   interfaces with various interlocks including the neutral safety switch.  Appellants’            
        7   gate plate is made of three stamped steel plates sandwiched together, with the                  
        8   metal plate having pre-applied thereon an elastomeric moldable substance.                       

        9          Claim 1 reproduced below is further illustrative of the claimed subject                  
       10   matter:                                                                                         

       11                1.     A functional component as a gate plate of an automatic gear shift           
       12          mechanism with a locking gate, having engagement holes for engagement                    
       13          elements which kinetically interact with the functional component, wherein               
       14          the functional component comprises at least three stamped parts, which lie               
       15          flat sandwiched against one another, are unreleasably connected to one                   
       16          another and each have at least two engagement holes for engagement                       
       17          elements which kinectically interact with the functional component, the                  
       18          engagement holes in the stamped parts being arranged congruently with                    
       19          respect to one another, at least one of said holes, in a middle one of the               
       20          stamped parts, having a hole wall which is provided with an elastomeric                  
       21          plastic cover.                                                                           
       22          The reference of record relied upon by the Examiner as evidence of lack of               
       23   novelty is:                                                                                     

       24          Sander                   US 6,182,527 B1                   Feb. 6, 2001                  
       25                                      (102(e) filing date: Jul.  2, 1999)                          
       26                                                                                                   


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