Ex parte LUFFEL et al. - Page 8




          Appeal No. 1999-2278                                       Page 8           
          Application No. 08/641,442                                                  


          lower stud 88 of latch member 74 moves along a first path 310               
          including channel portions 152, 154, and 164, as best shown in              
          figures 10 (col. 9, lines 12-14).  In the "go-get" mode, the                
          gate is not deflected by the stud.  In the "return" mode,                   
          lower stud 88 follows path 316 including channel portion 160,               
          gate surface portion 196, channel portion 156, as best shown                
          in figure 14 (col. 9, lines 60-64).  In the "return" mode, the              
          lower stud 88 goes past surface 196 of the gate, but does not               
          deflect the gate and move from channel 154 to channel 156.                  
          The post 88 is already in channel 160 and is moving past                    
          surface 196 of the gate as post 88 moves to channel 156.                    
          Thus, the gate surface 196 deflects the post 88, and is not                 
          deflected by the post as required by claim 1.  We have                      
          reviewed the portions of Wanger relied upon by the examiner,                
          but we find no teaching of post 88 deflecting the gate and                  
          moving from the first channel to the second channel when no                 
          cartridge is being gripped.                                                 
               Accordingly, we find that Wanger does not anticipate                   
          claim 1 as advanced by the examiner.  The rejection of claim                
          1, and claim 2 which depends therefrom, is therefore reversed.              









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