Appeal No. 1997-3087
Application 08/541,519
center toggle latch that meets the limitations of paragraphs
(a), (b), (c), (d), (g) and (h) of the claim. The examiner
acknowledges that Bisbing fails to disclose the paragraph (e)
limitation of a protruding tab disposed on the retaining
means, the paragraph (f) limitation of a switch having a two-
position actuator, and the paragraph (i) limitation of how the
switch is actuated by the protruding tab on the retaining
means. However, the examiner has taken the position that:
Guth teaches a protruding tab (switch actuator
44) disposed [on] the toggle mechanism for
engagement with a toggle switch (50) having a two-
position push button actuator.
It would have been obvious to one having
ordinary skill in the art at the time the invention
was made to modify Bisbing as taught by Guth to
provide a protruding tab on a reciprocating portion
of a latch mechanism for physically actuating a
microswitch corresponding to the relative position
of the latch mechanism moving between an open and a
closed position. [Answer, page 5.]
Concerning the specific placement of the protruding tab
on the retaining means, the examiner further maintains that
“it would have been an obvious matter of design choice to
orient the protruding tab . . . on any reciprocating portion
of the toggle latching mechanism to activate the micro-switch”
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