Appeal No. 96-1036
Application 07/979,627
No. 24) (pages referred to as "2dRBr__") for a statement of
appellant's position.
OPINION
The examiner finds that figure 3 of Saito discloses a
gap 28 for receiving a shutter opening flange 64 and a
groove 20 which is wider than the gap 28 (3dSEA4-5).
Appellant argues that "Saito's FIG. 3 is in error and that,
although reference label 20 is shown on FIG. 3, a groove
corresponding to reference label 20 is not depicted in
FIG. 3" (RBr2). Appellant argues (RBr4-5) that the
alternate latch embodiment of figure 13B correctly shows the
groove 20 and that Saito describes at column 9, lines 12-17,
that parts in figure 13B which are the same as parts
previously described are identified by the same reference
numeral.
We are persuaded by appellant's explanation and agree
that figure 3 has an obvious drawing error and should show a
groove 20 as shown in figure 13B which is the same width as
the gap 28. Saito does not disclose that groove 20 is wider
than gap 28, nor is there any reason for the groove 20 to be
wider than the gap 28. Accordingly, Saito does not
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