Appeal No. 1999-2065
Application 08/651,502
trigger that is capable of being operatively connected to the
staple pusher when the jaw members are in the closed position
by the user releasing the latch (13) to allow the pusher to
drive staples out of the housing and against the anvil”
(answer, page 4), and that “Takaro’s trigger is fully
capable of being moved from operative connection to
inoperative association with the staple pusher in response to
movement of the jaw members from the closed to the open
position by the user moving the latch (13) simultaneously with
the movement of the jaw members from the closed to the open
position, as shown in Figures 2 and 4” (answer, page 5).
We agree with appellants position 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
13
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