Ex parte AOKI - Page 2




          Appeal No. 97-4244                                                          
          Application 08/347,141                                                      




                                 DECISION ON APPEAL                                   
                    This is an appeal from the final rejection of claims 6,           
          8 and 10 to 14.  Claims 7, 9 and 15 to 28, the other claims                 
          remaining in the application, stand withdrawn from consideration            
          under 37 CFR § 1.142(b) as being directed to nonelected species.            
                    The subject matter in issue concerns a magnetic lock              
          device used to fasten together two objects, such as the flap and            
          body of a handbag.  The appealed claims are reproduced in the               
          Appendix to appellant’s brief.                                              
                    The reference applied in the final rejection is:                  
          Humiston                 3,324,521                 June 13, 1967            


                    Claims 6, 8 and 10 to 14 stand finally rejected as                
          anticipated by Humiston, under 35 U.S.C. § 102(b).                          
          Claim 6                                                                     
                    Appellant asserts that claim 6, the only independent              
          claim on appeal, is not anticipated by Humiston, because Humiston           
          does not disclose (1) “a curled edge . . . positioned radially              
          laterally at said peripheral marginal edge [of the ferromagnetic            
          plate],” as recited in lines 9 to 11 of the claim, and (2) a                
          “flat disk plate having a thickness to be accommodated within the           
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