Ex parte LEATHERMAN et al. - Page 15




          Appeal No. 97-4206                                                          
          Application 08/662,263                                                      


          and they are clearly narrower at the bottom than at the top.                




               As to Herder, while this reference does in fact teach a                
          notch that is wider at the bottom than at the top, it is used               
          to cooperate with a lever having a correspondingly shaped                   
          flange on the end thereof that pivots about a vertical axis so              
          as to swing the flange laterally into and out of the notch,                 
          thereby forming a "swallow-tailed" (translation, page 2) or                 
          dovetail connection when the flange is engaged in the notch.                
          There is absolutely nothing in the combined teachings of the                
          admitted prior art and Herder which would suggest singling out              
          the feature of the notch having a wider bottom than opening at              
          the top (which was intended to cooperate with a                             
          correspondingly shaped flange) and incorporate it into the                  
          notch of the admitted prior art wherein the spring arm pivots               
          about a generally horizontal axis so as to swing the flange                 
          vertically into and out of the notch.  The examiner may not                 
          pick and choose from any one reference only so much of it as                
          will support a given position, to the exclusion of other parts              

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