Ex parte BREE et al. - Page 8

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

              The issue before us is whether Fukumoto discloses all of           
         the features of claim 7 on appeal, including the function of            
         the "link, slot, extending pin, worm gear and worm" to "hold            
         the manual locking lever in the locked position".  It is the            
         examiner's position that "appellants' reliance on an                    
         unrealistic and narrow definition of 'held' to distinguish              
         their invention over the prior art is unsustainable.  The               
         link, slot, worm gear and worm of Fukumoto 'holds' the manual           
         locking lever in locked position when an external force is              
         applied and prevents it from moving from the locked position            
         since the link is misaligned with projection 7 on lever 3               
         resulting in an idling movement of the link, slot and                   
         extending pin" (answer, page 7).  We disagree.                          
              A door lock with elements corresponding to the elements            
         of appellants' claim 7 is disclosed by Fukumoto, including              
         housing 2, electric motor 26 (figs. 9 & 12), worm 27, worm              
         gear 18, lever 5 (corresponding to appellants' link), lever 30          
         (corresponding to appellants' manual locking lever) and a pin           
         which slides in the slot in lever 5.  The door lock device "in          
         FIG. 1 is in a locked condition" (col. 4, line 1).  The                 
         transition to the unlocked condition of figure 2 is described           

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