Appeal No. 97-4206
Application 08/662,263
stand withdrawn from further consideration by the examiner
under the provisions of 37 CFR § 1.142(b) as being directed to
a nonelected invention.
We AFFIRM-IN-PART.
The appellants' invention pertains to a blade locking
mechanism for a tool of the type having a plurality of folding
blades. Independent claims 1, 5 and 6 are further
illustrative of the appealed subject matter and copies thereof
may be found in the appendix to the appellants' brief.
The prior art relied on by the examiner is;2
Rohrer (Rohrer '142) 1,362,142 Dec. 14,
1920
Rohrer (Rohrer '143) 1,362,143 Dec. 14,
1920
Smith 3,568,315 Mar. 09,
1971
Brooker 4,703,560 Nov. 03,
1987
Yamagishi 4,741,106 May
03, 1988
Favreau 5,327,651 Jul. 12,
1994
(filed May 03, 1993)
Herder 159,369 Dec. 24,
2 The examiner failed to include the references to Brooker and Favreau in the
listing of prior art on page 3 of the answer. Additionally, the examiner improperly
grouped the two references to Rohrer together as a single citation.
2
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