Appeal No. 99-0630 Page 11
Application No. 08/633,400
the stowed position when the backrest portion is in the
vertical use position until deliberately released" (answer,
page 3). The examiner further argues that:
[t]he interlock (120) includes a detent
style lock (142) which is the pawl, which
is yieldable via the torsion spring (148)
out of engagement with the notch (140) by
pulling on the bottom cushion (28). The
lock (142) prevents actuation either the
latch (23) or sector (134) [sic] when the
seatback is in the stowed position or the
child seat is in the youth position.
Therefore, the pawl (142) does provide a
manual lock which is controlled by a remote
child actuator which releases the lock
while the bottom cushion of the child seat
remains in its upright stowed position
[answer, pages 4 and 5].
We cannot agree with the examiner that the pawl (142) is
"a manual lock for constantly and unyieldingly locking said
bottom cushion in said stowed position when said backrest
portion is in said vertical use position until deliberately
released therefrom" (emphasis added) as required by claim 1.
Specifically, as pointed out by the examiner, the pawl (142)
is, in fact, yieldable by overcoming the force of the coil
torsion spring (148) and, thus, is not capable of
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