Appeal No. 2000-1471
Application No. 08/935,655
latch 28 mounted on a cross pin 29 and urged by a spring 31
into a holding position.” (reply brief, page 1). According to
the examiner (see pages 4 and 5 in the answer), this sentence
describes lever 27, and thus the cams 36 carried by the lever,
as being urged by spring 31 into a holding position, with the
result that spring 31 meets the spring limitations in claims 5
and 6.
The appellant, on the other hand, submits (see pages 2
and 3 in the main brief and pages 1 and 2 in the reply brief)
that the sentence in question actually describes latch 28 as
being urged by spring 31 into a holding position, and that the
Poehlmann
device does not contain any spring, including spring 31, which
acts on the cam in the manner specified in claims 5 and 6.
A fair reading of the Poehlmann reference supports the
appellant’s position, and belies the examiner’s. The sentence
6
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