Ex Parte Adoline et al - Page 5



           Appeal 2007-1793                                                                        
           Application 10/911,196                                                                  
              2. Claims 27, 37, 39, 41, 43, 53, 55, and 57 stand rejected under 35 U.S.C.          
                 § 102(b) as anticipated by Gottling.                                              

                                              ISSUE                                                
                 The first issue before us is whether the Appellants have shown that the           
           Examiner erred in rejecting claims 27, 37, 39, 41, 43, 53, 55, and 57 as anticipated    
           by Hubweber.  This issue turns on whether Hubweber discloses:  at least a portion       
           of a locking arrangement positioned outwardly of a top end of the housing               
           (claim 27), a locking arrangement that is at least partially secured to the housing     
           (claim 43), and at least one spring extending between a guide member and the            
           bottom end of the housing (claim 57).                                                   
                 The second issue before us is whether the Appellants have shown that the          
           Examiner erred in rejecting claims 27, 37, 39, 41, 43, 53, 55, and 57 as anticipated    
           by Gottling.  This issue turns on whether Gottling discloses a lower end of a spring    
           rod and a guide member positioned in an internal chamber of the housing.                

                                       FINDINGS OF FACT                                            
                 We find the following enumerated findings are supported by at least a             
           preponderance of the evidence.  Ethicon, Inc. v. Quigg, 849 F.2d 1422, 1427, 7          
           USPQ2d 1152, 1156 (Fed. Cir. 1988) (explaining the general evidentiary standard         
           for proceedings before the Office).                                                     




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