Your post brought to mind another another point. Remember the appeal hierarchy.

< If an applicant for an invention cannot convince a patent examiner that they are entitled to their claims, then the applicant can appeal the examiner's decision to the board. Decisions of the board can be further appealed to the United States Court of Appeals for the Federal Circuit (CAFC) or to a district court under 35 U.S.C. § 145. The decisions of the CAFC can be further appealed to the United States Supreme Court. >

There is little doubt that a final rejection of the 336 would be appealed. How far would that process take us? I seriously doubt that the supreme court would equate the 336 with an adjustable pedal. Regardless, I think the odds of any appeal making it that far are slim indeed. So what may matter is how CAFC or a district court might see it, as those expectation might influence the USPTO's hindsightedness? Thoughts / comments welcomed. All IMHO Opty