Ex Parte AbuSamra et al

Board of Patent Appeals and Interferences

May 30, 2007

10745095 (B.P.A.I. May. 30, 2007)

The opinion in support of the decision being entered today was not written
for publication and is not binding precedent of the Board.

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte MUNEER ABUSAMRA, LUDGER RONGE, CHARLES E.
ALLEN, JR., WINFRIED STURMER, KARL-FRITZ HEINZELMANN,
CHRISTOPHER LOREN DREIER, ROBERT ANTHONY SAYMAN,
JAMES HENRY DEVORE, and RONALD PETER MUETZEL
____________

Appeal 2006-2712
Application 10/745,095
Technology Center 3600
____________

Decided: May 30, 2007
____________

Before TERRY J. OWENS, MURRIEL E. CRAWFORD, and LINDA E.
HORNER, Administrative Patent Judges.

CRAWFORD, Administrative Patent Judge.

DECISION ON APPEAL
STATEMENT OF THE CASE
This appeal involves claims 1-3. Claims 10, 12-20, and 22-24 have
been allowed. Claims 4-6 have been objected to. Claims 7-9, 11 and 21
Appeal 2006-2712
Application 10/745,095

2
have been cancelled. We have jurisdiction over the appeal pursuant to 35
U.S.C. § 6(b) (2002).
The claims are directed to normally open clutch assembly controllable
to modify rotational speed required for actuation. Claim 1 is illustrative:
1. A normally open clutch assembly comprising:

a clutch cover attachable to a rotatable input member;

a friction disk;

a pressure plate rotatable with said clutch cover and movable
axially between a clamped position engaging said friction disk and an
open position;

a plurality of weights movable responsive to rotation of said
normally open clutch assembly to move said pressure plate between
said clamped position and said open position; and

a front plate and a back plate defining a radial space within
which said plurality of weights move, said front plate movable to
adjust a rotational speed at which said pressure plate moves to said
clamped position.

The Examiner relies on the following prior art reference to show
unpatentability:
Markyvech US 2002/0137596 A1 Sep. 26, 2002

The rejections as presented by the Examiner are as follows:
1. Claims 1-3 are rejected under 35 U.S.C. § 102(b) as being anticipated
by Markyvech.
Appellants contend that there is no disclosure in Markyvech that
provides for adjustment of the engine rotational speed at which the clutch
engages.
Appeal 2006-2712
Application 10/745,095

3
ISSUE
The issue is whether the Appellants has shown that the Examiner
erred in finding that Markyvech discloses a device that provides for
adjustment of the engine rotational speed at which the pressure plate moves
to a clamped position.

FINDINGS OF FACT
Appellant invented a normally open clutch assembly having a front
plate 26. Radial movement of the front plate 26 changes the position of a
transition point 36 and thereby the axial position of the front plate in the
clamped position (Figures 2 and 3). This change in the axial position of the
front plate in the clamped position changes the rotational speed at which the
clutch assembly begins transmitting torque to the output shaft 14
(Specification:0020).
Claim 1 recites that the front plate is movable to adjust a rotational
speed at which said pressure plate moves to said clamped position.
Markyvech discloses a normally open clutch assembly including a
front plate 125 and a back plate 128 (Figure 7). The front plate 125 may be
adjusted by the addition of an adjustment mechanism 125A. Markyvech
discloses that the front plate 125 may be moved axially to accommodate for
wear or the like (0078). When the front plate 125 is moved to accommodate
for wear, the rotational speed at which the pressure plate clamps the disk is
adjusted when compared with the rotational speed at which the pressure
plate would have clamped the disk were the front plate 125 not moved by
adjustment mechanism 125A. In addition, the front plate 125 is movable,
absent wear, in an axial direction and such movement would adjust the
Appeal 2006-2712
Application 10/745,095

4
engine rotational speed at which the pressure plate moves to the clamped
position.

PRINCIPLES OF LAW
A claim is anticipated only if each and every element as set forth in
the claim is found, either expressly or inherently described, in a single prior
art reference. Verdegaal Bros., Inc. v. Union Oil Co., 814 F.2d 628, 631, 2
USPQ2d 1051, 1053 (Fed. Cir.), cert. denied, 484 U.S. 827 (1987). The
inquiry as to whether a reference anticipates a claim must focus on what
subject matter is encompassed by the claim and what subject matter is
described by the reference. As set forth by the court in Kalman v.
Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir.
1983), cert. denied, 465 U.S. 1026 (1984), it is only necessary for the claims
to "'read on' something disclosed in the reference, i.e., all limitations of the
claim are found in the reference, or 'fully met' by it."

ANALYSIS
The Markyvech front plate 125 is axially moved to accommodate
wear and may be moveable absent wear. Axial movement of the disk would
adjust the rotational speed at which the pressure plate moves to the clamped
position. The Appellant has not shown that the Examiner erred in finding
that this requirement of claim 1 is met by Markyvech.
Appeal 2006-2712
Application 10/745,095

5
ORDER
The decision of the Examiner is affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a) (2006).
AFFIRMED

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