Ex parte STEWART - Page 7




          Appeal No. 2000-1471                                                        
          Application No. 08/935,655                                                  


          in question, even if read in a vacuum, indicates that the                   
          element urged into a holding position by spring 31 is latch                 
          28, not cam lever 27.  The structural relationships between                 
          spring 31, latch 28 and cam lever 27 shown in Figures 2                     
          through 6 leave no doubt that such is the case, and that                    
          spring 31 does not act on the cams 36 associated with lever 27              
          in the manner required by claims 5 and 6.  Since the Poehlmann              
          device does not include any other spring meeting these claim                
          limitations, the examiner’s determination that Poehlmann                    
          discloses, expressly or under principles of inherency, each                 
          and every element of the invention recited in claims 5 and 6                
          is unsound.                                                                 
               Accordingly, we shall not sustain the standing 35 U.S.C.               
          § 102(b) rejection of claims 5 and 6 as being anticipated by                
          Poehlmann.                                                                  







                                       SUMMARY                                        

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