Ex parte KELLETT - Page 5




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



          to the central axis so that the saddle may receive and hold a               
          conductor when the device is oriented either substantially                  
          vertically or substantially horizontally."  In addition,                    
          Appellant's claim 1 recites a fixed position conductor clamp                
          "having a bolt extending through and being held by the body upon            
          which a keeper is movable along a track . . . said bolt defines             
          the angle of tilt for the saddle relative to the longitudinal               
          central axis."  (Emphasis added.)                                           
                    Hall does teach in column 2, lines 30-33, that                    
          Figures 2 and 3 show a clamp body 10 being provided with an                 
          upwardly opening conductor receiving groove 22 which extends                
          generally perpendicular to the longitudinal axis of the insulator           
          11.  However, we do not agree with the Examiner that this is a              
          teaching of a saddle that is to be offset at a downward tilting             
          angle.  The passage merely indicates that the saddle of the clamp           
          is to extend generally perpendicular to the axis of the                     
          insulator.  Upon a closer inspection of Hall's specification and            
          Figures 2 and 3, we note that the bolt 36 as well as the saddle             
          is not downwardly titled but is parallel to the central axis.               
                    The Federal Circuit states that "[t]he mere fact that             
          the prior art may be modified in the manner suggested by the                

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