Ex parte JARVIS - Page 4




              Appeal No. 1999-1168                                                                 Page 4                 
              Application No. 08/876,191                                                                                  


              not disclose or teach a mechanism for locking the handle in the bore, much less the sliding                 
              sleeve, control bar, and transverse stem that are described at some length in the claim.                    
              With regard to this, the examiner takes the position on page 3 of the Answer that                           
                     [a]ny of the Nickipuck patents suggest the use of a sliding sleeve to lock a                         
                     detent means in position.  It would therefore be obvious to one skilled in the                       
                     art at the time the invention was made to modify Sharp et. al. by using this                         
                     well known type of locking means because all the Nickipuck patents suggest                           
                     this type of detent locking means in handles and extensions.                                         
              The appellant has argued in the Brief that the conclusion reached by the examiner is not                    
              correct.  We agree, recognizing that the examiner has in the rejection combined each of                     
              the Nickipuck patents with Sharp as alternatives, and that no single one of them discloses                  
              or teaches all of the structural limitations of the locking mechanism that are recited in claim             
              19.                                                                                                         
                     Among the requirements of the locking mechanism as recited in claim 19 is that                       
              there be a spring biased detent means in the front of the handle to lock the handle to the                  
              bore in the ratchet head, and that this comprise a spring biased singular stem transversely                 
              arranged within a transverse bore, with the stem head “always being urged into and                          
              remaining always in contact with said control bar by the bias of said spring.”   The                        
              appellant points out in the Brief (page 10) that a purpose of this arrangement is to keep the               
              stem from migrating out of the bore when the locking bar is in the unlocked position.                       











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