Ex parte PAPENHAGEN et al. - Page 7




         Appeal No. 99-1752                                                       
         Application 08/632,955                                                   


         the descriptive portion of the Tamaki specification and the              
         showing  in Figs. 1 and 2 simply do not fairly teach a return            
         coil spring having one end engaged with the control lever and            
         the other end engaged with a support bracket at locations such           
         that the force acting on said bracket by said return spring              
         extends along a line which is parallel to the direction of the           
         force applied to said control lever by said pull member but in           
         opposite direction, an express requirement of claim 1.  It               
         would be inappropriate conjecture to conclude that the                   
         draftsman’s depiction of the invention in the drawing of                 
         Tamaki teaches the force relationship now claimed.  Lacking a            
         sound evidentiary basis, the rejection of                                


         the claims on appeal under 35 U.S.C. § 102(e) cannot be                  
         sustained.                                                               


              The decision of the examiner is reversed.                           


                                     REVERSED                                     




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