Ex parte HARRIS - Page 3




          Appeal No. 99-0643                                          Page 3           
          Application No. 08/828,225                                                   


                                      BACKGROUND                                       
               The appellant's invention relates to a key lock for a                   
          vehicle in combination with an ignition switch.  An                          
          understanding of the invention can be derived from a reading                 
          of exemplary claim 10, which reads as follows:2                              
               10.  A key lock for a vehicle in combination with an                    
               ignition switch lock cylinder having a face and a                       
               keyhole therein, the keyhole of the ignition switch                     
               lock cylinder having a length greater than its                          
               width, the key lock comprising:                                         
                    a pair of separate, rectangular planar flanges                     
               disposed in parallel planes on opposite sides of the                    
               keyhole, each having a throughbore, said flanges                        
               permanently secured to the face of said ignition                        
               switch lock cylinder and extending parallel to the                      
               length of the keyhole; and                                              
                    a padlock having a shackle, said shackle                           
               received through the throughbores of said flanges,                      
               said shackle positioned to prevent unauthorized                         
               access to the keyhole of said ignition switch                           
               cylinder, said padlock being selected from the group                    
               consisting of a key-type lock, a combination-type                       
               lock and a cylinder-type lock.                                          
               The prior art references of record relied upon by the                   
          examiner in rejecting the appealed claims are:                               

               In contrast to the examiner's statement in section (8) on page 2 of2                                                                      
          the answer, we find that the copy of claim 10 in appellant's supplemental    
          brief is substantially different from claim 10 as last amended on March 4,   
          1998.  These differences include but extend substantially beyond appellant's 
          failure to include the amendments made to claim 10 in the March 4, 1998      
          amendment (see Paper No. 15 and Paper No. 16).                               







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