Appeal No. 96-0563
Application 07/540,839
(A), an open ended jaw formation (B,N), and a spring loaded
spline latch mechanism (B,D,E,F) having a latch. However, the
open ended jaw formation (B,N) of the wrench of Beran is not
capable of "closely surrounding and engaging a majority of the
perimeter of a splined cylindrical shaft," nor does the wrench
of Beran include a "means for moving said latch," both
required by appealed claim 30. The examiner considers the
elements (C,D,E,F) to read on the claimed "means for moving
said latch," but we disagree. It is clear from the disclosure
of Beran that elements (D,E,F) provide the spring loading of
the latch mechanism (B), and while they do provide a means for
moving the latch mechanism, the "means for moving said latch"
recited in paragraph d of claim 30 requires structure in
addition to that defining the "spring loaded spline latch
mechanism" of paragraph b. No such additional structure for
moving the latch is present in the wrench of Beran.
Therefore, the wrench of Beran does not include every element
recited in appealed claim 30, and we cannot sustain the
examiner's rejection thereof under 35 U.S.C. § 102(b).
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