Appeal No. 98-2120
Application No. 08/607,915
that cooperate with the detents 6 along the sides of the slot.
While Fierus provides these elements for the purpose of
repositioning the elongated article M so that an end thereof
may be extended from and retracted into the enclosure, Fierus
does so in a completely disparate context, namely, wherein the
elongated article M is a knife blade.
In our view, there is no suggestion to combine the
disparate teachings of Fierus with those of Keith in the
manner proposed by the examiner. In the first place, the
lipstick dispenser of Keith, as we have noted above, already
has a locking mechanism and there appears to be neither reason
nor need to modify Keith's locking structure. In the second
place, in addition to the elements mentioned above, Keith's
locking structure also includes a toggle 5, and an arresting
part or cam 14 and a handle 13, all of which are necessary in
order to deflect the resilient arms to a position where the
detents 8 formed thereon are engaged with the detents 6 along
the edges of the slot. The resulting locking structure is
bulky and appears to be ill-suited for use in a lipstick
dispenser such as that of Keith. The examiner may not pick
and chose from any one reference only so much of it as will
6
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