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

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Applicant: EngelgauSN: 09/643,422Pa1!e 4 of 4Furermore, any chages to the claim have been solely for the purpose of clarfyg- the invention -, as set fort in each of those claims:¿1/f~ilÝ teRespectfully submittedHOWAR'I/~& HOWAR ATTORNYS, P.C.Harold W. Milton, Registration No. 22,180The Pinehurst Offce Center, S-nite#10139400 Woodward AvenueBloomfeld Hills, Michigan 48304-5151(248) 723-0352CERTIFCATE OF MAINGI hereby cer that ths Amendment for Serial No:: 09/643,422 is being deposited withthe United StatesI'ost Serce as First Class Mai, postge prepaid, in an envelope addressed- to the U.S. Patent and Traemark Offce, Wasbigton, D.C. 20231, Box Non-Fee Amendmenton Januarv 29. 2001.!L d tdJNudJfAne L. WinchesterHWalwG:\T_V\Te1eflex.\Ato\IpOO659\PatntlendmentdociJ-)V-,/
-,.J.."(". ,to . ) , PTO/SS/26 (10-00)Approved for use 10/3112002_ OMS 0651-0031U_S.-Patent and Tradèmark Offce; U.S. OEPARTMENT OF COMMERCEUnder the Paperwork Reducton Act of 1995, no persons are requIred to respond to a coll~ctionof Infarmition unless It displays Doct ,a Number valid OM'S (Optina) contrl number.TERMINAL DISCLAIMER TO OBVIATE A DOUBLE PATREJECTION OVER A PRIOR PATENT Q,In re Applicatióñ of:Application No.:Filed:For:Stev J. Engegau09/643,42265; 748-659¡l~'lOK)1/1;i./ If-- jA(;1 iifoiThe owner", Telf1, Inc. ,of 100% percent interest in the instant applicationhereby disclaims, except 'as provided below, the terminal part of the statutory term of any patent granted on theinstant appliCation, which yvould extend beyond the expiration date of the full statutory term ,defined in 35U.S.C. 154 to '156 and'173, as presently shortened by any terminal disclaimer, of ,prior Patent No. be6.109.241 . The owner hereby agrees that any patent so granted on the instant application shall, enforceable only for 1?i:d during such period that it and -the priorpatent are commonly owned. This agreementruns with any patent granted' on the instant application and is binding upon the' grantee, its success.ors orassigns.In making the above, disclaimer, the owner does nof disclaim the terminal part of any patent granted onthe instaiit appl-cation that wöuld extend to the expiration date of the full statutory term as defined in 35 U.S.C.patent, as presently shortened by any teriinal disclaimer, in the event that it154 to 156 and 173 of the priorlater: expires for failure to pay a maintenance fee, is held unenforceable, is found invalid by a ,court ofcompetent jurisdiction, is siatutorily disclaimed in whole or terminally disclaimed under 37 CFR 1.321, has allclaims canceled by a reexamination certficate, is reissued, or is in any manner terminated prior to theexpiration (lfits full statutory te~ as presently shortened by any _terminal disclaimer.Check either box 1,or 2 below, if appropriate.1.0 For submissions on behalf of an organization (e_g., corporation, partership, univerity, government agency, etc). theundersigned is empowered to act on behalf of the organiztion. -I hereby declare that all statements made herein of my own knowledge are true and that all statementsmade on information and belief are believed to be true; and further that these statements were made with theknowledge that wilful fàlse statements and the like so made are puniShable by fine or imprisonment, or both.under Section 1001 of Tite 18 of the United States Code and that such wilful false statements may jeopardizethe validity of the applicaton or any patent issued thereon. ''2. Ii The undersigned is, an attorney or agent of record.~Jf ~lil /Signature ~--Hald W. Miton, Jr. Re. ~., 0Typed or printed name ë5(i Terminal disclaimer fee under 37 CFR 1.20(d) Included. ;;WARNING: Information on this fonn -my become public. Credit cardlnfonntion should not ;=,be Included on this fonn. Provide credit card Infonnatlon and aùthorlzation on PTO-2038. :;.Statement under 37 CFR 3.73(b) is required If terminal disclaimer is signed by the assignee (owner). gForm PTÖ/SB/96 rry be used for making this certifcation. See MPEP § 324. 'i.:t22,180-i ;:1-. rit: nN ri!,urden Hour Slatement This form Is estimated to lake 0.2 hour,'to complete. Time wil vary depending upon the needs of themdivldual case. Any, COmments onthe amount of time you are requlred to ,complete this form should be sent to the Chief Informallon Offcer, U.S, Patent and Trademan( Ofce, Washln9n. 'DC20231_ 00 NOT SENi: FEES OR COMPLED FORMS TO THIS ADORESS. SENO TO: Assistant CommissIoner for Patents, Box PatenL.Appllcllon,Washington, i;C 20231. ',;:~g m oÜf:/ü:~!~ri(ii ~BÜ~i:Lt)ùOêl¡)õõc (;1~;IJl2E~; :-(;~ '¡~J - 1.~LO;¡ i:~;
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 and 52: 5,460,0619porton inboard of the slo
Page 53 and 54: PATENT NO. :DATEDJNVENTOA(S) : ,UNI
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: , .Applicant: EngelgauSN: 09/643,42
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
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Reply Brief in Support of KSR's Motion for Summary ... - Fried Frank

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