Appeal Number: 2006-0921
Application Number: 10/083,079
We do not agree with the examiner that the appellant has admitted that the
guides 10 and 26 tilt . The examiner finds this admission in the amendment filed
by the appellant on July 30, 2003 (see final rejection on pages 8 to 9). The
appellant admits that the mounting tab 17 (not guides 10 and 13) may be tilted to
actuate the horn. In addition, the appellant contends that the guides 10 would not
tilt even if a large force is applied to the covering cap but that rather in that case
the upper portion of the bolt 10 will yield before the guides tilt. In our view, such
is not an admission that the guides of Bohn tilt upon lateral pressing of the
covering cap.
In view of the foregoing, we will not sustain this rejection.
We will likewise not sustain the examiner’s rejection of claim 5, which is
dependent on claim 1, under 35 U.S.C. § 103 as being unpatentable over Bohn
because in our view Bohn does not disclose nor does it suggest guides that tilt upon
laterally being pressed down.
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Last modified: September 9, 2013