Ex parte JARVIS - Page 5




              Appeal No. 1999-1168                                                                 Page 5                 
              Application No. 08/876,191                                                                                  


                     As shown in Figures 9, 11 and 12, Nickipuck ‘405 discloses a transverse stem that                    
              is cammed into a locking position in a detent by means of a slidable control bar.  However,                 
              the stem is not spring-biased, as is required by the claim.  Moreover, as shown in Figure                   
              11, it is not maintained in contact with the control bar when the bar is in the unlocked                    
              position, also as required by the appellant’s claim 19.  As explained in the patent                         
              specification, the diameter of the bore is decreased at its ends to retain the balls in the                 
              bore (column 5, lines 30-37).  The structure disclosed in Nickipuck ‘405 thus fails to                      
              disclose two of the requirements of claim 19 and therefore, even if the required suggestion                 
              to combine the references were present, the resulting structure would not meet the terms of                 
              the claim.  The same rationale applies to Nickipuck ‘511, which shows the stem only in                      
              Figure 9.                                                                                                   
                     In the locking mechanism of Nickipuck ‘549, a transverse stem that can seat in a                     
              detent in the ratchet is spring-biased toward a sliding control bar (see Figures 2 and 3).                  
              However, a ball is interposed between the head of the stem and the control bar, whereby                     
              the head does not contact the control bar as is recited in claim 19.  In addition, as was the               
              case in Nickipuck ‘405, the transverse locking device (the ball and the stem) is not                        
              maintained in contact with the control bar when the bar is in the unlocked position, as is                  
              shown in Figure 3.  In this setup, the diameter of the bore is decreased at the open ends to                
              maintain the components therein.  Thus, this reference also fails to disclose some of the                   









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