Ex Parte Rodriguez et al - Page 3

                Appeal 2007-2972                                                                                   
                Application 09/906,227                                                                             

            1   prevent the thumbpiece from pivoting relative to one of the exterior and                           
            2   interior assemblies.                                                                               
            3                                FINDINGS OF FACT                                                      
            4          Appellants disclose a bracket, attachable to a dummy handleset 40,                          
            5   which has an aperture 36 which includes a groove 38.  The aperture 36 is                           
            6   configured to receive the tab 50 of the thumbpiece of the handleset 40 and                         
            7   the groove 38 is configured to receive the pin 52 of the handleset 42                              
            8   (Specification 3; Figures 2 and 6).  When in position, the bracket traps the                       
            9   pin 52 and tab 50 preventing pivotal movement of the thumbpiece                                    
          10    (Specification 3).  It is the configuration of the aperture itself that prevents                   
          11    the pivotal movement of the thumbpiece.                                                            
          12           Moses discloses a door lock attachment which includes an aperture 25                        
          13    configured to receive a thumbpiece hub 31 (Moses 2:24-27).  The                                    
          14    thumbpiece hub 31 has a recess 37 (Moses, Figure 1).  The door lock                                
          15    attachment includes a stop 13 that when operative moves into the recess 37                         
          16    in the thumbpiece hub and thereby limits the rotation of the thumbpiece                            
          17    knob 12 (Moses 2:40-50; Figure 8).  The aperture 25 is not configured to                           
          18    restrain the movement of the thumbpiece.  Rather, it is the positioning of the                     
          19    stop 13 in the aperture that restrains the movement of the thumbpiece.  For                        
          20    this same reason, the aperture 25 of Moses is also not configured to prevent                       
          21    the thumbpiece from pivoting relative to one of the exterior and interior                          
          22    assemblies.                                                                                        
          23           Friedman discloses a door lock including a thumbpiece 16 which has                          
          24    a shaft 13 connected thereto (Friedman, Figure 5).  The shaft 13 extends                           
          25    through an aperture in a stop ferrule 27.  Actuation of the thumbpiece is                          


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Last modified: September 9, 2013