Ex parte BREE et al. - Page 10

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

         positions.  These are the only positions described by Fukumoto          
         for lever 30.  Fukumoto's lever 30 is free to rotate about              
         axis 31 and there is no description of locking lever 30                 
         against rotation about axis 31 to prevent movement from one             
         position to the other.                                                  
              In contrast, appellants' claim 7 describes the locking             
         actuator system "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."  This limitation is not described by, nor inherent           
         in, Fukumoto.  We disagree with the examiner's position that            
         the Fukumoto mechanism "holds" the locking lever 30 in the              
         locking position when the mechanism has been moved to the idle          
         position.  In the idle position the locking lever 30 is not             
         held, or seized, in place, but remains free to move between             
         the same positions as when the mechanism is moved to the other          
         (non-idle) position.                                                    
              We find that Fukumoto discloses a lock system having an            
         electric motor, worm, worm gear, link 5 and locking lever 30            

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