Appeal No. 1998-0204
Application 08/501,542
argue that neither Kelsic or Campbell teach a capture member
that is pivotally mounted with a face portion having two
coplanar surfaces and a recess portion as claimed.
The Examiner points to elements 64, 66 and 60 in
Kelsic and latch plate 45 in Campbell. With respect to
Kelsic, the latch plate (i.e., capture member) is element 36,
not magnet 60 and pole pieces 64 and 66. Kelsic’s magnetic
elements 64, 66 and 60 are pivotally mounted, and one could
argue, provide an equivalent pivotal alignment ability with
the latch plate 36 (an obvious reversal of parts). However,
as argued by Appellants, the capture member (catch plate 36)
still does not have a face portion having two coplanar
surfaces and a recess portion.
With respect to Campbell (Figure 5), latch plate 45
is not pivotally mounted. Additionally, the portions of 45A
and 45B which are perpendicular to 45 (referenced by the
Examiner) are not coplanar, but are in parallel planes. We
also find it a stretch to consider 45 as the recess portion as
proffered by the Examiner.
Accordingly, we will not sustain the Examiner’s
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