Ex Parte CONTE - Page 9



          Appeal No. 2000-2033                                                        
          Application 08/331,851                                                      

          thereof, self retention upon firing, etc.  The first three of               
          these benefits are expressly disclosed in Watkins’ disclosure.              
               With respect to claims 11 through 15, we are in agreement              
          with the appellant that the applied prior art of Kopp, Caron and            
          Watkins does not render obvious the provision of a thumb grip on            
          the latch as claimed in claim 11.  We are cognizant of the                  
          examiner’s argument that such a thumb grip is prevalent in the              
          art, but we are not convinced of the propriety of maintaining the           
          rejection due to the lack of an evidentiary basis thereof.  For             
          this reason it is our conclusion of law that claims 11 through 15           
          would not have been obvious for the lack of any disclosure in the           
          references of a thumb grip.                                                 
                                       SUMMARY                                        
               Rejections of claims 1 and 4 through 10 are affirmed.  The             
          rejection of claims 11 through 15 is reversed.                              









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