Ex parte WINNER - Page 19




          Appeal No. 97-3194                                        Page 19           
          Application No. 08/442,816                                                  


          Johnson does provide the necessary teaching, reason,                        
          suggestion, and motivation to replace Damon's ratcheting type               
          lock with the more formidable lock taught by Johnson.                       


               With respect to claim 4, the appellant argues (brief, p.               
          17) that Johnson does not disclose the use of ratchet teeth                 
          and a spring biased pawl as claimed.  We do not agree.  The                 
          claimed ratchet teeth which fully circumscribe the arm read on              
          Johnson's grooves 50 and the claimed spring biased pawl reads               
          on Johnson's spherical bearing 60 biased by spring 62.                      


               With respect to claims 37 and 38, the appellant argues                 
          (brief, pp. 21-23) that the applied prior art does not teach                
          or suggest the lock housing being "enclosed in a protective                 
          cover" as recited in claim 37 or the protective cover                       
          comprising "bubble wrap material" as recited in claim 38.  We               
          agree.  First, the examiner's determination that plastic                    
          coating 40 of Johnson was a "bubble wrap" material is without               
          a proper foundation.  In that regard, Johnson describes the                 
          coating 40 as being a durable plastic coating and is shown in               
          Figure 5 as a flat coating.  Thus, there is no evidentiary                  







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