Ex parte FEATHERS - Page 11




          Appeal No. 1999-2781                                                        
          Application No. 08/656,299                                                  


          biased by the spring (41), or the other spring associated with              
          the hand release (42), to remain in the lock condition, as we               
          consider to be required of the pawl in appellant's claim 1 on               
          appeal.                                                                     


          We also will not sustain the examiner's rejection of                        
          claims 8 and 9 under 35 U.S.C. § 103 as being unpatentable                  
          over Fertier or Kell in view of Olson.  In addition to the                  
          fact that we see no basis (teaching, suggestion or motivation)              
          which would have led one of ordinary skill in the art to                    
          utilize the brake members (150, 164) of Olson in the seat belt              
          inertia reel of Kell or the safety elevator of Fertier, we                  
          note that the addition of any such brake members to either                  
          Kell or Fertier would not overcome or provide for the                       
          deficiency in the primary references already noted above with               
          regard to appellant's independent claim 1, from which claims 8              
          and 9 ultimately depend.                                                    


          As for the examiner's rejection of claims 1 through 13,                     
          15, 20, 25 through 28 and 30 through 33 under 35 U.S.C. § 103               
          as being unpatentable over Kell (Fig. 11), Fritsche, or                     
                                         11                                           





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