Ex parte BREE et al. - Page 7

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

         manual locking lever 30 as moveable in both the locked (when            
         manual locking lever is actuated and movement of lever 3 is             
         prevented from unlocking the locking actuator system) and               
         unlocked positions (when manual locking lever 30 is actuated            
         and movement of lever 3 occurs to unlock the locking actuator           
         system).  However, when the link 5 and lever 7 are uncoupled            
         (Figs. 3-6) the manual locking lever is held in the locked              
         position because it can not operate to unlock the locking               
         actuator system" (answer, page 5).  The examiner appears to             
         recognize that whereas appellants' claim 7 recites structure            
         to "hold the manual locking lever in the locked position",              
         Fukumoto discloses structure which has an idle position                 
         wherein the manual locking lever can move, but not to unlock            
         the lock mechanism.                                                     
              We note appellants disagree with the examiner and stress           
         "[t]hus, if lever 30 is moving, it is not 'held' in a 'locked           
         position' as stated in the Examiner's Answer and as would be            
         required to meet Appellants' claim 7... lever 30 is not locked          
         in any position, but moves whenever the door handle moves"              
         (reply, page 10).                                                       


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