Appeal No. 1998-3420
Application 08/597,033
upward expanding opening” for receiving and guiding the latch
pin and gripping the latch pin to hold the cover closed with
the tray, as required in claim 10 on appeal.
While the hollow tubes (10, 10a) of Potter clearly have bores
to receive the cruciform posts (12, 12a) and grip the posts to
hold the cover closed with the tray, the cylindrical bores of
the tubes (10, 10a) clearly are not responsive to the “upward
expanding opening” required in claim 10 on appeal and seen in
Figures 39 and 40 of appellants’ application at (100). Thus,
the examiner’s rejection of claim 10 under 35 U.S.C. § 103
will not be sustained.
In view of the foregoing, the examiner's decision
rejecting claims 1, 4, 9 and 61 under 35 U.S.C. § 102(e) based
on O’Brien and claims 14, 22 and 23 under 35 U.S.C. § 102(e)
based on Cheng has been affirmed. However, the examiner’s
decision rejecting claims 14, 16, 19, 22 and 23 under 35
U.S.C. § 102(e) relying on Reisman and claims 16 through 19
under 35 U.S.C.
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