Appeal No. 2004-0910
Application No. 09/756,632
The invention provides a safety reminder in
the form of a tactile cue which can be felt
by the user’s trigger finger when the finger
is in a “safe” or “off trigger”
Figures 2 and 3 depict the use of the cue and show one position
in which a user’s hand is positioned on the cue and one position
in which the user’s hand is positioned off the cue. In our view,
a person of ordinary skill would have been enabled, informed by
the depiction in the figures, to utilize the cue described in
the specification and depicted in the figures without undue
experimention.
To the extent that the examiner is arguing that the
disclosure does not enable a user to provide and position the cue
just prior to gripping the firearm, we note that the claim does
not require the user to perform these steps. All that the claim
requires is that the cue be provided and positioned prior to
being gripped by a user. Thus the providing and positioning step
need not be done by the user nor just prior to gripping the
firearm but could be done by the manufacturer, for instance,
when the trigger activated device is manufactured.
We will not sustain this rejection as it is directed to
claim 13 or claims 14 to 16 dependent therefrom.
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