Ex Parte Kalargeros et al - Page 4




          Appeal No. 2004-1163                                                          
          Application No. 09/815,959                                                    


          the main brief and pages 1 and 2 in the reply brief), the                     
          dispositive issue with respect to the anticipation rejection of               
          independent claims 1 and 16 is whether Fukumoto meets the                     
          limitations in these claims requiring the buffer defined by the               
          overmold on the latch bolt to be “a sole buffer of the latch bolt             
          for absorbing over-travel energy.”  The examiner views Fukumoto’s             
          rubber-stopper 22 as meeting these limitations, observing that                
          “the only buffer on Fukumoto’s latch bolt capable of absorbing                
          over travel energy is rubber-stopper (22) and that there is no                
          other buffer on Fukumoto’s latch bolt capable of absorbing over-              
          travel energy” (answer, page 5).  The claim language at issue,                
          however, does not require a sole buffer on the latch bolt for                 
          absorbing over-travel energy; it instead requires a sole buffer               
          of the latch bolt for absorbing over-travel energy.  This                     
          language is fully consistent with the underlying specification                
          (see page 2) which indicates that the aim of the appellants’                  
          invention is to provide a latch mechanism having a simplified                 
          over-travel buffer arrangement that eliminates the need for a                 
          separate over-travel buffer on the chassis as well as the cost                
          and assembly time associated therewith.  Given the overall                    
          context in which Fukumoto discusses the rubber-stoppers 22 and                
          10, a person of ordinary skill in the art would readily                       

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