Appeal Number: 2006-0921
Application Number: 10/083,079
In the instant case the examiner argues (1) that since the guides are in
contact with foam casing 4, there will be some tilting upon lateral pressing down of
the covering cap, (2) that Bohn teaches that tabs 17 and mounting plate 30 in
Figure 2 tilt and if tabs 17 and mounting plate 30 tilt, the guides 26 will tilt as
well, (3) that the guides 10 and 26 in Bohn will tilt if enough force is applied and
(4) that appellant’s have admitted that the guides tilt.
The examiner is correct that the guides 10 depicted in Figure 1 and guides
26 depicted in Figure 2 do contact foam casing 4. However, while this contact
with foam casing 4 may lead to the tilting of the guides 10 and 26 upon lateral
pressing of the covering cap, the examiner has not established that this is
necessarily the case and thus the disclosure in Bohn that the guides 10 and 26
contact the foam casing is not sufficient to establish a prima facie case of
anticipation.
Similarly, while the tilting of tabs 17 and mount 30 may result in the tilting
of the guides 26, the examiner has not established that this is necessarily the result.
While the examiner may be correct that the guides 10 and 26 will tilt if
enough force is applied such force would likely destroy the Bohn mechanism and
as such the capability to tilt upon such force is not sufficient to establish a prima
facie case of anticipation.
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Last modified: September 9, 2013