Ex parte HAMMER - Page 5




          Appeal No. 96-1870                                                          
          Application 08/088,570                                                      


               A person of ordinary skill in the art would have readily               
          appreciated the disclosure in the appellant’s specification                 
          relating to the extendible-retractable device embodiments                   
          illustrated in Figures 10 through 12 (see specification pages 9,            
          25 and 26) as being directed to a device having a pair                      
          of toothed wheels connected to each other through a flexible                
          connector as recited in claim 5.  Although the appellant’s                  
          disclosure does not set forth specifically how the flexible                 
          connector is connected to the toothed wheels so as to allow them            
          to engage their associated racks, such connection would appear to           
          be a rather simple and straightforward matter.  The examiner has            
          not advanced any reason, nor is any apparent, why a person of               
          ordinary skill in the art, as of the date of the appellant’s                
          application, would not have been able to make and use an                    
          extendible-retractable device having the toothed wheel/flexible             
          connector construction required by claim 5 without undue                    
          experimentation.                                                            
               Accordingly, we shall not sustain the standing 35 U.S.C.               
           112, first paragraph, rejection of claim 5.                               
               We shall sustain, however, the standing 35 U.S.C.  102(b)             
          rejection of claim 3 as being anticipated by Young, Luhrs or                
          Vranish.                                                                    

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