Ex parte ZEHRUNG - Page 6




          Appeal No. 2001-0207                                                        
          Application No. 09/151,003                                                  

          comprises a bolt 27, a drawbar 25 and a spring 29 for urging                
          the bolt 27 into a recess in a door frame.  A linkage                       
          connector 24 couples the drawbar to the pushbar and to the                  
          armature 82 of a remotely actuable solenoid 76.                             
               Arguably, Cross would have suggested the addition of a                 
          solenoid to Smith’s door retention assembly to allow it to be               
          remotely actuated.  There is nothing in the combined teachings              
          of these references, however, that would have suggested                     
          directly engaging the plunger of the solenoid and Smith’s                   
          sliding catch or keeper as required by claims 1 and 7.  The                 
          examiner’s determination (see page 3 in the answer) that                    
          Cross’ linkage connector 24 is a sliding catch has no basis in              
          fact.                                                                       
               There is also nothing in the combined teachings of Smith               
          and Cross that would have suggested forming Smith’s sliding                 
          catch or keeper (holder plate 21 and bracket 22) in a single                
          member as required by claims 1 and 7.  Contrary to the                      
          position taken by the examiner (see page 7 in the answer), the              
          disclosed structural relationship between Smith’s keeper and                
          the heat fusible part 20 carried thereby (see Figure 9)                     
          indicates that the two-part construction of the keeper is                   

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