Ex Parte Funai

Patent Trial and Appeal Board

Nov 15, 2012

11492848 (P.T.A.B. Nov. 15, 2012)

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE PATENT TRIAL AND APPEAL BOARD
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Ex parte SHINGO FUNAI
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Appeal 2010-008576
Application 11/492,848
Technology Center 3600
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Before: CHARLES N. GREENHUT, WILLIAM V. SAINDON, and
REMY J. VANOPHEM, Administrative Patent Judges.

SAINDON, Administrative Patent Judge.

DECISION ON APPEAL
Appeal 2010-008576
Application 11/492,848

2
STATEMENT OF THE CASE
Appellant appeals under 35 U.S.C. § 134 from the Examiner’s
decision rejecting claims 1-20 under 35 U.S.C. § 102(b) as anticipated by
Assel (US 6,502,477 B1, Jan. 7, 2003). We have jurisdiction under 35
U.S.C. § 6(b).

The Claimed Subject Matter
Claim 1, reproduced below, is illustrative of the claimed subject
matter.
1. A bicycle shift control device comprising:
an operating member pivotally arranged to
move between a rest position, a first shifting
position and a second shifting position with the
first shifting position being located between the
rest position and the second shifting position with
respect to movement of the operating member
along a single operating direction;
a release pawl operatively coupled to the
operating member to move in response to
movement of the operating member;
a ratchet member including a plurality of
ratchet teeth that are selectively engaged by the
release pawl;
a wire take up member configured and
arranged to rotate about a rotational axis in
response to movement of the ratchet member by
the release pawl in response to the movement of
the operating member along the single operating
direction; and
a stroke controlling structure including a
guide member configured and arranged to stop
movement of the operating member at the first
shifting position when the operating member is
progressive moved in the single operating direction
Appeal 2010-008576
Application 11/492,848

3
from the rest position such that the release pawl
engages one of the ratchet teeth, and the guide
member being further configured and arranged to
control further movement of the operating member
from the first shifting position to the second shift
position when the operating member is moved in a
non-operating direction away from the first
shifting position such that the release pawl
operatively engages the one of the ratchet teeth
during pivoting of the operating member from the
first shifting position to the second shift position.

SUMMARY OF DECISION
We REVERSE.

OPINION
Sole independent claim 1 requires “a guide member configured and
arranged to stop movement of the operating member at the first shifting
position.” The Examiner first found that Assel describes a guide member 13
and an operating member 10. Ans. 3-4. The Examiner later considers guide
pin 20 and release pawl 14 to be a part of nose 13, and thus a part of the
guide member 13. Ans. 14-15.
Appellant correctly points out that nose 13 does not serve to stop the
movement of the lever 10. App. Br. 18-19. Appellant correctly points out
that neither of structures 20 or 14 stop movement of the operating member at
the first shifting position. Reply Br. 3-4. The Examiner has not squarely
addressed the limitations requiring a guide member configured to: (1) “stop
movement of the operating member” and (2) “[stop movement] at the first
shifting position.” Accordingly, we agree that the Examiner’s reading of
“guide member” on the structure of Assel is in error.
Appeal 2010-008576
Application 11/492,848

4
DECISION
For the above reasons, we reverse the Examiner’s decision regarding
claims 1-20.

REVERSED

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