Appeal No. 1999-2065
Application 08/651,502
With regard to the 35 U.S.C. § 103 rejection of
claims 1-4, 7-9, 14, 15, 19, 20 and 46 as being unpatentable
over Olson in view of Takaro, appellant asserts that
[n]either Olson nor Takaro disclose a
stapling apparatus having, inter alia, a
trigger operatively connected to the staple
pusher when the jaw members are in the
closed position, and being inoperatively
associated with the staple pusher when the
jaw members are in the open position,
wherein the trigger is moved from operative
connection to inoperative association in
response to movement of the jaw members
from the closed to the open position
[brief, page 13].
In this section of the brief, appellants further urge that
“Olson’s staple trigger 48 is always in operative association
with the staple pusher 46 and therefore staples can disadvan-
tageously be fired when the jaws are open” and that “Takaro’s
catch mechanism 32 including tip 33 can be moved into and out
of engagement with pin 38 manually to prevent or permit firing
of the staples regardless of whether the jaws are in the open
or closed position.” The examiner urges that “Takaro
discloses a
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