Ex parte KELLETT - Page 4




          Appeal No. 95-3237                                                          
          Application 08/154,721                                                      



          having ordinary skill in the art would have been led to the                 
          claimed invention by the express teachings or suggestions found             
          in the prior art, or by implications contained in such teachings            
          or suggestions.  In re Sernaker, 702 F.2d 989, 995, 217 USPQ 1, 6           


          (Fed. Cir. 1983).  "Additionally, when determining obviousness,             
          the claimed invention should be considered as a whole; there is             
          no legally recognizable 'heart' of the invention."  Para-Ordnance           
          Mfg. v. SGS Importers Int’l, Inc., 73 F.3d 1085, 1087, 37 USPQ2d            
          1237, 1239 (Fed. Cir. 1995), cert. denied, 117 S.Ct. 80 (1996)              
          citing W. L. Gore & Assocs., Inc. v. Garlock, Inc., 721 F.2d                
          1540, 1548, 220 USPQ 303, 309 (Fed. Cir. 1983), cert. denied,               
          469 U.S. 851 (1984).                                                        
                    Appellant argues on pages 4 and 5 of the brief that               
          Hall fails to teach a saddle of the clamp to be offset at a                 
          downward tilting angle from the perpendicular to the central                
          axis.  Appellant further argues that Hall fails to teach that               
          the bolt of the clamp defines the angle of tilt for the saddle              
          relative to the longitudinal central axis.                                  
                    We note that Appellant's claim 1 recites a "saddle                
          being offset at a downward tilting angle from the perpendicular             

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