Ex parte FUJISAWA - Page 5




          Appeal No. 96-1036                                                           
          Application 07/979,627                                                       

          anticipate claims 1-5.  The rejection of claims 1-5 is                       
          reversed.                                                                    
               The examiner argues that figure 13B shows a different                   
          embodiment than figure 3 and, therefore, figure 13B does not                 
          indicate that figure 3 of Saito is in error (3dSEA7).                        
          Appellant argues that "the mere presence of differences                      
          [between figure 3 and figure 13B] does not mean that the                     
          grooves must be different" (2dRBr6).  We find that                           
          figure 13B correctly shows the groove 20.  The embodiment of                 
          figures 13A and 13B differs from the embodiment of figures 2                 
          and 3 only in that the keeper 210 is struck from a web                       
          portion 17 of shutter 14' (instead of using an inwardly bent                 
          end defining the keeper 21a as in figures 2 and 3) and the                   
          latch 22' pivots on a pivot pin 23' and is biased by a                       
          spring 24'b (instead of using a resilient one-piece latch 22                 
          as in figures 2 and 3) (col. 9, lines 26-36).  The different                 
          structure of the latch and keeper does not change the shape                  
          or width of the groove 20.                                                   
               The examiner argues that "the lines shown in the                        
          drawing are not precluded from illustrated [sic] two                         



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