Appeal No. 2004-0910
Application No. 09/756,632
of gripping the firearm so that a user can move between a safe
position and a position in which the finger is on the trigger
without changing the user’s grip. While it may be true that it
may be possible to use a groove or notch which is disposed on the
firearms disclosed in Tito and Strayer as a reminder cue, such is
not disclosed in the references themselves. As neither reference
discloses the steps of the method recited in claim 13 from which
claims 14 to 16 depend, the anticipation rejection can not stand.
The examiner has also provided a list of references which
the examiner assets describe some sort of safety button or
stimulating surface located on the forward portion of the trigger
guard, however, these references were cited when making the
rejection and therefore, we will not consider these references.
In re Hoch, 428 F.2d 1341, 1342, 166 USPQ 406, 407 (CCPA 1970).
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