Ex parte BREE et al. - Page 6




         Appeal No. 1996-1300                                                    
         Application No. 08/076,722                                              


              Appellants urge that "Fukumoto does not have a dead bolt           
         feature in which a combination of link, slot, extending pin,            
         worm gear and worm to hold the manual locking lever in a                
         locked position so that external force on the manual locking            
         lever does not move the manual locking lever from the locked            
         position" (brief, page 8).  Further, "Appellants' claimed               
         invention has several structural and functional elements not            
         taught or suggested in Fukumoto.  The primary element of claim          
         7 not taught or suggested in Fukumoto is the dead bolt                  
         feature, recited as follows:                                            
              ... wherein, in at least one of the operating positions,           
              the combination of the link, slot, extending pin, worm             
              gear and worm hold the manual locking lever in the locked          
              position so that external force on the manual locking              
              lever does not move the manual locking lever from the              
              locked position"                                                   
         (brief, page 8).                                                        
              In response the examiner explains that "Fukumoto teaches           
         a combined movement of the link, slot, extending pin, worm              
         gear and worm holding the manual locking lever in locked                
         position" and "[t]he Examiner admits that Fukumoto teaches the          
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