Ex parte KRIVEC et al. - Page 9




          Appeal No. 2001-0099                                                        
          Application No. 09/042,431                                                  


          unpatentable over Mesenhöller in view of Kentish and Glineur                
          and claims 5 and 7 as being unpatentable over Mesenhöller in                
          view of Kentish and Henson or Packer.                                       
               Independent claim 21, unlike claim 1, does not require                 
          that the lock stem have a terminal first end disposed in the                
          first bore.  Rather, with regard to the retaining structure,                
          claim 21 recites                                                            
               a lock stem coupled to the rod and axially movable                     
               in the engagement slot and receivable in the                           
               retaining slot to retain the rod in its non-engaged                    
               condition, wherein the engagement slot and the                         
               retaining slot respectively have central                               
               longitudinal planes inclined with respect to one                       
               another and forming an angle therebetween of less                      
               than 90 .o                                                               
               The examiner and appellants appear to be in agreement                  
          that Mesenhöller (first embodiment) meets all of the                        
          limitations of claim 21 with the exception of the angle of                  
          inclination of the central longitudinal planes of the                       
          engagement and retaining slots being less than 90 .  Witho                          
          respect to the angle between the slots, the examiner notes                  
          that Henson and Packer disclose bayonet-type slots wherein the              
          retaining slot is inclined with respect to the engagement slot              
          by less than 90 degrees and appellants do not contest this                  

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