Ex parte BOGERT et al. - Page 8




          Appeal No. 1999-0272                                       Page 8           
          Application No. 08/605,212                                                  


          knife 10 arranged on lower lever 9; a holder 1 on which the                 
          upper and lower levers are coaxially and pivotally mounted;                 
          connecting rods 24 and 25; cranks 26 and 27; gearwheels 29;                 
          and a hydraulic motor 30 connected to one of the gearwheels 29              
          to impart rotation motion thereto.                                          


               The examiner determined (answer, pp. 4-6) that both Ward               
          and Gurevich clearly teach all the claimed limitations of                   
          claim 16 except for the limitation "a separate powered drive                
          coupled to each said shear arm to pivotally move said first                 
          and second shear arms in synchronism with each other to sever               
          the glass gobs."  With respect to this limitation the examiner              
          set forth two alternative approaches.  The first approach                   
          being that it would have been obvious at the time the                       
          invention was made to a person having ordinary skill in the                 
          art to replace the single drive motor of Ward or Gurevich with              
          two drive motors so as to provide for individual control of                 
          each shear arm in view of a lack of any unexpected results or               
          criticalities.  The second approach being that the claimed                  
          limitation was met by Ward's gears 56 and 58 and Gurevich's                 
          cranks 26 and 27 driven by gearwheels 29.                                   







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