Appeal No. 1999-1761
Application No. 08/889,872
As explained by the examiner (answer, page 5), the tabs
and teeth of Boike are formed as one-piece like appellant’s
tabs and teeth and, therefore, if appellant’s tabs move
independently of the button teeth, the tabs of Boike
inherently move independently of the button teeth. The
examiner’s position is not well taken.
Simply stated, the examiner has failed to appreciate that
the locking means 20 of Boike (Fig. 2) is structurally
different from appellant’s locking button 34 and that the
respective locking and release arrangements differ one from
the other. Unlike the claimed release tab for movement
independently of the button teeth, Boike has no release tab
structure on the locking means for moving independently as now
claimed. The release of the locking means of Boike is
effected by a screwdriver engaging notches 66 to pop the
locking member out of its locking position after deflecting
the bridge members 80 outwardly; see column 5, lines 1 through
44. Thus, appellant’s claims 1 through 3 are not anticipated
by the Boike teaching.
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