Ex parte BREE et al. - Page 11




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


         which moves to and from locking and unlocking positions, but            
         there is no disclosure that the elements "hold" the locking             
         lever so that external force does not move the locking lever            
         from the locked position.  On the contrary, the locking lever           
         30 is shown in figure 1 in the locked position, then rotated            
         to the unlocked position in figure 2.  When in the idle                 
         position the locking lever 30 is free to assume the locked              
         position shown in figure 3, or the unlocked position shown in           
         figure 4.  Fukumoto simply does not disclose a device "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" (emphasis added).               
              Accordingly, the decision of the examiner to reject claim          
         7 under 35 U.S.C.  102(e) is reversed.  It follows that the            
         examiner's other rejection of claims 8-12 under 35 U.S.C.               
         ' 102(e) is also reversed.                                              




                                   CONCLUSION                                    
                                       11                                        





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