Ex Parte HAN - Page 11



         Appeal No. 2004-0030                                      Page 11          
         Application No. 09/337,492                                                 

              With respect to the examiner's second assertion that the              
         distance between the main board and the latch is not affected by           
         movement of the members in reference to the frame, we find that            
         the distance between the main board 9 and the latch is affected            
         by movement of the latch with respect to frame 11'.  As is clear           
         from our description of the device, supra, as latch 5 is adjusted          

         with respect to frame 11', the distance between board 9 and the            
         surface 33 of latch 5 changes.                                             
              With respect to the third assertion presented by the                  
         examiner, that the first distance cannot be adjusted, we find              
         that first distance H" is adjusted by moving latch 5 in either a           
         forward or backward direction.                                             
              Turning to the fourth assertion made by the examiner, that            
         the device does not contain structure to maintain a gap H"                 
         between the frame and the latch member, we find that as disclosed          
         on page 9 of the specification, that flexible members 15 allow             
         the position of switch cover 6 to be adjusted.  As such, the               
         intervals H and H' can be adjusted by altering the surplus                 
         interval H".  From this disclosure of the specification, we find           
         that adjustments to gap H" is maintained by flexible members 15.           







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