Appeal No. 2001-0099
Application No. 09/042,431
Accordingly, we shall sustain the examiner's rejection of
claim 21.
REMAND TO THE EXAMINER
This application is remanded to the examiner to consider
the patentability of the subject matter of claim 1, and any of
the claims depending therefrom, in light of the disclosures of
U.S. Pat. No. 5,943,924, issued to Jarvis on August 31, 1999
on an application filed June 18, 1997 (Jarvis '924) and U.S.
Pat. No. 6,167,787, issued to Jarvis on January 2, 2001 on an
application filed February 17, 1998 (Jarvis '787). The4
Jarvis patents appear to disclose that which was found
lacking, supra, in the combination of Mesenhöller and Kentish
(i.e., a retaining slot communicating with one end of an
engaging slot in the handle in combination with a lock stem
having a first end coupled to the locking rod and disposed in
the bore of the handle) with regard to the subject matter of
claim 1.
The Jarvis patents were brought to the attention of this panel by4
appellants' counsel at the oral hearing. Copies of these patents are appended
hereto.
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