Ex Parte Rodriguez et al - Page 4

                Appeal 2007-2972                                                                                   
                Application 09/906,227                                                                             

            1   prevented when a tip 34 of a lock catch mechanism 35 is moved into contact                         
            2   with seat 33 of the stop ferrule 27 (Friedman 2:39-43; Figure 5).  The                             
            3   aperture in stop ferrule 27 is not configured to restrain the movement of the                      
            4   thumbpiece.  Rather, it is the positioning of the tip 34 so as to contact the                      
            5   seat 33 which prevents movement of the thumbpiece 16.  For this same                               
            6   reason, the aperture in the stop ferrule 27 of Friedman is also not configured                     
            7   to prevent the thumbpiece from pivoting relative to one of the exterior and                        
            8   interior assemblies.                                                                               
            9                                                                                                      
          10                                     DISCUSSION                                                        
          11           We will not sustain the rejections of the Examiner because neither                          
          12    Moses nor Friedman discloses an aperture configured to restrain movement                           
          13    of the thumbpiece as required by independent claim 1, from which claims 2                          
          14    and 3 depend, or an aperture configured to prevent the thumbpiece from                             
          15    pivoting relative to one of the exterior and interior assemblies as required by                    
          16    claim 4, from which claim 5 depends.                                                               
          17                                                                                                       
          18                                CONCLUSION/ORDER                                                       
          19           The decision of the Examiner is reversed.                                                   
          20                                                                                                       
          21                                      REVERSED                                                         







                                                        4                                                          

Page:  Previous  1  2  3  4  5  Next

Last modified: September 9, 2013