Appeal No. 2004-0912
Application No. 09/942,061
the elastic member is located in a peg’s receptacle and a second receptacle having an
end wall against which the elastic member is biasing against, is old and known in the
art as illustrated by Tuttle.” (Answer, p. 4). However, this is not the structure recited
in claim 21.
The subject matter of claim 21 specifies that the peg has a first end movably
received in the recess of the pawl and a second end. The second end of the peg is
received in the first receptacle, of the actuating plate of the switch member. The first
receptacle contains a first end wall and faces the recess of the pawl. The first
receptacle also includes a second receptacle with a second wall. The elastic element
is located in the first and second receptacles between the first end wall and the second
end wall. The peg and the elastic member is rotatable with the actuating plate and
biases the ratchet teeth of the pawl to engage with the teeth of the drive member.
Tuttle does not disclose a first receptacle that contains a second receptacle with
a second wall as required by claim 21. The Examiner has failed to identify what
portion of the receptacle (23) of Tuttle would function as a second wall to form the
second receptacle required by claim 21. Thus, if the teachings of Tuttle were
combined with the teachings of Kilness as suggested by the Examiner the result would
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