Ex parte COLLINS - Page 2




                     Appeal No. 1997-3087                                                                                                                                              
                     Application 08/541,519                                                                                                                                            


                                Appellant’s invention pertains to an over-center toggle                                                                                                
                     latch of the type where a door can be held closed by a                                                                                                            
                     predetermined, specific force, and in particular to an over-                                                                                                      
                     center toggle latch that incorporates an electronic switch                                                                                                        
                     that provides an electronic signal indicating whether the door                                                                                                    
                     to which the latch is attached is in an opened or closed                                                                                                          
                     position.  Independent claim 1, a copy of which appears in an                                                                                                     
                     appendix to appellant’s brief, is illustrative of the appealed                                                                                                    
                     subject matter.2                                                                                                                                                  
                                The prior art references relied upon by the examiner in                                                                                                
                     support of the rejection are:                                                                                                                                     
                                Guth                                                  3,841,677                                            Oct. 15,                                    
                     1974                                                                                                                                                              
                                Bisbing                                    4,687,237                                             Aug. 18, 1987                                         
                                Claims 1, 2, 4 and 5 stand rejected under 35 U.S.C. § 103                                                                                              
                     as being unpatentable over Bisbing in view of Guth.                                                                                                               
                                Considering first independent claim 1, the broadest claim                                                                                              
                     on appeal, there is no dispute that Bisbing discloses an over-                                                                                                    

                                2Consistent with appellant’s specification, the term “said                                                                                             
                     first guide member” appearing in claim 4, paragraph (e),                                                                                                          
                     should apparently be --said second guide member--.  When                                                                                                          
                     queried on this point at oral hearing, counsel for appellant                                                                                                      
                     agreed.  Accordingly, for purposes of this appeal, claim 4 is                                                                                                     
                     so interpreted.                                                                                                                                                   
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