Ex parte NIEMIO et al. - Page 7




          Appeal No. 96-2741                                                            
          Application 08/227,093                                                        

          and, as shown in appellants' figures 2 and 3, the tongue 22                   
          translates, i.e., moves in a straight line, but does not bend.                
          In our opinion, "deflectable" is broad enough to encompass                    
          both situations where the tongues move aside by bending or by                 
          translating, which is all that we meant by "movable."  This                   
          interpretation of "deflectable" is consistent with the                        
          definition of "turned aside."  However, the real issue is                     
          whether we were wrong in our finding that the ends of the                     
          clamps 5, 7 with the projections are "cantilevers [sic,                       
          cantilevered] deflectable tongues," which issue is not                        
          addressed by appellants.  Appellants have not convinced us of                 
          error in our finding.  Accordingly, we deny appellants'                       
          request for rehearing to the extent it requests reversal of                   
          our decision with respect to the rejection of claim 15 over                   
          Kotitalo.                                                                     
               Appellants similarly argue the "projections and upright                  
          arms on the hinged front door 2 of Watanabe are certainly                     
          movable with the door when the door is moved, but they are not                
          'deflectable' (i.e.: capable of being turned aside, or from a                 
          direct line or course)" (RR5).  As explained supra,                           
          "deflectable" is interpreted to mean "movable" in the sense                   

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