Reply Brief in Support of KSR's Motion for Summary ... - Fried Frank

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11member, said car member being pivotaly mounte on the5,460,061adjuster member, said one end of said lin being pivotalymounted on said pedal ar said other end of said link beingrecived in a slot in said ea member, and said pivot axs pinbeing received in a slot in said adjuster member. 58. An adjustable control pedal appars for a motorvehicle compnsing:an adjuster member;a ped anslidably mounted on the adjuster member; 10a cam: member pivoted on the adjuster member andincludig a slot and a pivot axs pin defing the pivotax' of the adjuster member and peda an;a ca pin recived in said slot and operative in responseto slidig movement of said pedal an on said adjuster 15member to pivot said car member on said adjustermember and adjust the position of said pivot axs pinand therby of said pivot ax of the adjuste memberand pedal ar; anda lin pivotaly mounted at one end on said pedal ar 20sad car pin being mounted on the other end of said_link.9. An adjustable control pedal appars for a motorvehicle comprising:an adjuster member adapted to be pivotay mounted 25relative to the vehicle body strctue and definig a paiof lateraly' spaced elongate generay horizontallyextendig side plates;, a p~da an includig a lower porton mounting a control 30ped and an upper porton positioned between saidadjuster member side plat and defig lateralyspaced generly' vertcaly extendig side walsextending downwardly frm said adjuster member;a nut positioned betw~ii.,said laterally spac side wals 35and inludig a theaded bore for theaed coactionwith a screw drve nimber;an upper pai of guide blocks positioned on opposite sidesof said pedal an upper porton and respectively slid-said adjuster memberably engaging the upper edges ofside plate;12a lower pai of guide blocks positioned on opposite sides" of said peda an upper porton and respectively slidablyengagig the lower edges of said aqjuster memberside plates;a car member cag a pivot axs pin defining a pivotaxs of the appars and defig a ca slot; anda car pin extending between the side wals of the pedan beneath the nut and positioned slidably in said slot10. An adjustale control pedal apparat for a motorvehicle comprising:an adjuster member adapted to be pivotay mountedrelative to the velucle body strctue iid definig a paiof lateraly spaced elongated side plates;a pedal an includig a lower porton mountig a controlpeal and an upper porton positioned between saidadjuster member side plats and defig lateralyspaced side wals;a nut positioned between said lateray spaced side walsand includig a theaded bore for theaded coactionwith a scrw drve member;an upper: pm ofguiCle blocks positioned on opposite sidesof said pedal an upper porton and r:espetively sldablyengagig the upper edges of said adjuster ipemberside plates;a lower pair of gude blocks positioned on opposite sidesof said pedal ar upper porton and respetively slidablyengaging the lower edges of said adjuster memberside plates; anda cover of invert U-configurtion fitt over and straddlingsaid adjuster member side plates, whereby toprotet the slidig' interface of said guide 'blocks andsaid side plates, and including portons fixedy secedto the respective outboard face of sad side plates,whereby to rigidi said adjuster member., '*****"-
PATENT NO. :DATEDJNVENTOA(S) : ,UNITD STATES PATENT AND TRADEMARK OFFICECERTIFICATE OF -CORRECTION5,460,061October 24, 1995Harry Redding, Christopher BortolonIt is certified thaI error appears in the above-indentified patent and that said Letters Patent is herebycorrected as shown below:Column 3, Line 39, insert paragraph --FIG. 18 is a detailedview of the accelerator control pedal assembly.--Column 5, Line 3, delete 1f52b" and insert --52c--.Colum 5, Line 16, n (FIG. 3) n should benot before "including".before "extending"Column 9, Line 19, delete If 166" and insert --16C--.Siged and Sealed thisSeyentl Day of ~lay. 199AUt Sf:L~BKCCE LE~A:oArresting OfctrCttllllU.1.inl'"t' fl' Pcir,."" ,md TruJ('tfc.rh
Page 3 and 4: TABLE OF AUTHORITIESPaee(s)Altoona
Page 5 and 6: United Carbon Co. v. Binney & Smith
Page 7 and 8: invalidity under 35 U.S.C: § 103 (
Page 10 and 11: -- In an Offce Action dated Novembe
Page 12 and 13: just in case there could be an argu
Page 14 and 15: -- Conventional, off-the-shelf peda
Page 16 and 17: Here there is no dispute as to any
Page 18 and 19: n. "OBVIOUSNESS" MUST BE DETERMIND
Page 20 and 21: Teleflex's argument is erroneous at
Page 22 and 23: Exs. 8-10; KSR Main Br. at 23-27).
Page 24 and 25: elements with no change in their re
Page 26 and 27: mx::0';:¡:-i
Page 28: ,e ePlaintiffTeleflex Incorporated
Page 31 and 32: .. ,). ../ IN THE UNTED STATES PATE
Page 33 and 34: REMAClais 20-23 remai in ths applic
Page 35 and 36: Offce Action Summaryo Responsive to
Page 37 and 38: Serial Number: 09/643,422Page 3Ar.U
Page 39 and 40: mx:J0-;: .t
Page 41 and 42: 'u.s. Patent . Oct. 24, 1995 Sheet
Page 43 and 44: u.s. Patent Oct. 24, 1995 Sheet 3 o
Page 45 and 46: , ,U .8. Patent Oct. 24, 1995 Sheet
Page 47 and 48: "/ )1ADJUSTABLE CONTROL PEDALAPPART
Page 49 and 50: 5adjuster member utizig the guide b
Page 51: 5,460,0619porton inboard of the slo
Page 55 and 56: United States Patent (19)Smith et a
Page 57 and 58: . u.s. Patent Nov. 12, 1991 Sheet 2
Page 59 and 60: , u.s. Patent Nov. 12, 1991 Sheet 4
Page 61 and 62: 1ACCELERATOR PEDAL ASSEMBLYTECHNICA
Page 63 and 64: 565,063,811FIG. 1 to the wide-open-
Page 65 and 66: 5,063,811910'above, the uppermeans-
Page 67 and 68: "..._.. .~ --"N~Applicant:EngelgauS
Page 69 and 70: , .Applicant: EngelgauSN: 09/643,42
Page 71 and 72: -,.J.."(". ,to . ) , PTO/SS/26 (10-
Page 73 and 74: 5The subject inventionADJUSTABLE PE
Page 75 and 76: S 3 'as set fort in clai l wherein
Page 77 and 78: mx::0';:Q)
Page 79 and 80: --,.ApplicationOfficë Action Summa
Page 81 and 82: Serial Number: 09/236,975Page 3Ar U
Page 83 and 84: mx::0-;:co
Page 85 and 86: ",U.S.S.N 09/236,975 2..,. .~-,!.,0
Page 87 and 88: US.S.N 09/236,975 4aft directions t
Page 89 and 90: mx::0';:-io
Page 91 and 92: Form PTO-1449 U.S. DEPARTMENT OF AT
Page 93 and 94: L-Sheet -i of -i ==.5FORM l'O.1449
Page 95 and 96: Sheet -- of -l.. b ~~ C'~ §g.' l:
Page 97: DECLARATION OF JAMES w: DABNEY and

Reply Brief in Support of KSR's Motion for Summary ... - Fried Frank

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