Ex Parte DIMARCO - Page 19



                Appeal 2006-2970                                                                             
                Application 09/224,340                                                                       
                obvious to provide the handle in McKenzie on the faceplate in Mazura to                      
                make it easier to remove the module from the cabinet (Rejection 7).                          
                      Appellant argues (Br. 18-19) that McKenzie fails to disclose "a slot,"                 
                "a flexible handle member having substantially the same dimensions as said                   
                slot," the handle moving "between a retracted position and a use position,"                  
                and "said flexible handle member lies within said slot in said retracted                     
                position and said flexible handle member extends out from said slot in said                  
                use position," as recited in claims 12 and 21, and, further, where one end of                
                the handle member "does not move when said flexible handle member                            
                moves between said retracted position and said use position," as recited in                  
                claim 21.  It is argued that the handle in McKenzie is not slideably attached,               
                but is attached to pins mounted on a circuit board and is made to lock in                    
                position, and modifying the handle in McKenzie would render it improper                      
                for its intended purpose of locking it in position (Br. 19).                                 
                      The Examiner responds that McKenzie teaches a flexible handle                          
                mounted to a faceplate (Answer 8).                                                           
                      McKenzie disclose a flexible self-locking handle for mounting                          
                modules to a rack.  The handle has a retracted position where the handle lies                
                flat and a use position where the handle extends out from the flat position.                 
                Figure 8 shows an embodiment where the flexible handle pivots on a pin 79                    
                at one end and which has a slot which slides over a fixed pin 81 at the other                
                end, which meets the limitation of claim 21 that one "end of said flexible                   
                handle member does not move when said flexible handle member moves                           
                between said retracted position and said use position."  The handle in                       

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