Ex parte BALLY et al. - Page 6




                 Appeal No. 2001-1198                                                                                     Page 6                        
                 Application No. 09/233,899                                                                                                             


                 recited in claim 1.  We agree.  It is our view that the                                                                                
                 examiner's position (answer, pp. 3 and 6) that the racks 302,                                                                          
                 312 of Chow as shown in the drawings are generally arcuate  is                                          1                              
                 without merit since those racks are not described as being                                                                             
                 generally arcuate or curved and are not shown as being                                                                                 
                 generally arcuate or curved.   Additionally, the examiner's2                                                                                    
                 position (answer, pp. 3-4 and 6) that the springs 452, 462 of                                                                          
                 Chow are readable on the claimed spring means is without merit                                                                         
                 since those springs act to urge the pawl teeth away from the                                                                           
                 racks  rather than towards the rack as required by claim 1.3                                                                                                                             


                          Since all the limitations of claim 1 are not disclosed in                                                                     
                 Chow for the reasons set forth above, the decision of the                                                                              
                 examiner to reject claim 1, and claims 2 to 4 and 20 dependent                                                                         
                 thereon, under 35 U.S.C. § 102(e) is reversed.                                                                                         




                          1The American Heritage Dictionary, Second College                                                                             
                 Edition, (1982) defines "arcuate" as "having the form of a                                                                             
                 bow; curved."                                                                                                                          
                          2If anything those racks are shown as being linear.                                                                           
                          3See columns 3-4 of Chow.                                                                                                     







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