Appeal No. 1999-1761
Application No. 08/889,872
While the specification does not expressly state that the
release tabs are for moving independently as now claimed, it
is quite apparent to us that one skilled in this art would
fully appreciate from appellant’s overall disclosure that the
configuration of the locking button is such that the release
tabs, in response to forces applied thereto, are for moving
independently of the button teeth to release the locking
button from its locked position. Thus, it is fair to say that
the claimed subject does not address new matter since it is
descriptively supported by the originally filed disclosure.
The examiner’s rejection under 35 U.S.C. § 112, first
paragraph, cannot therefore be sustained.
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