Appeal No. 1999-2278 Page 9
Application No. 08/641,442
We turn next to independent claim 8. Appellants note
(brief, page 16) that "[c]laim 8 specifies that the picker has
a thumb with first and second extensions suitable for
manipulating a handle on a drive from a latched position to an
unlatched position and vice-versa." Appellants assert (id.)
that figure 2 of Wagner illustrates a picker positioned
relative to a storage location, but that Wanger does "not
discuss drives or drive handles, much less manipulation of a
drive handle with the picker."
The examiner's position (final rejection, pages 7 and 8)
is that Wanger discloses in figures 10 and 11, two extension
portions located between numeral 74 and handle 18, and that
Wanger discloses that the extension portions contact the
handle 18 whenever the handle is moved. Appellants assert
(brief, page 16) that in Wanger, reference numeral 18 refers
to the picker engaging assembly, and that numeral 74 refers to
one of the two fingers mounted on the picker engaging
assembly. Appellants argue (id.) that in "claim 8, the drive
handle is not part of the picker. The drive handle is a
separate item being manipulated by the picker."
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