Ex parte FRANCIS - Page 3




          Appeal No. 2001-1343                                                        
          Application No. 08/965,818                                                  

               h) a valve member that is activated by fluid pressure                  
          which valve member diverts fluid flow from the first pair of                
          flowlines to the second pair of flowlines when there is a                   
          change in torque conditions to a preselected high-torque value              
          that defines said high torque condition; and                                
               i) wherein fluid flow is automatically diverted from the               
          low-torque motor to the high-torque wrench by fluid pressure                
          activation of the valve member above the preselected high-                  
          torque value.                                                               







                                    THE EVIDENCE                                      
               The items relied on by the examiner as evidence of                     
          obviousness are:                                                            
          Coyle, Sr. (Coyle)            4,679,469           Jul. 14, 1987             
          Thompson                      4,898,248           Feb.  6, 1990             
          Bernard et al. (Bernard)           5,097,730           Mar. 24,             
          1992                                                                        
               The items relied on by the appellant as evidence of non-               
          obviousness are:                                                            
               The main and supplemental 37 CFR § 1.132                               
               Declarations of Billy Clark (Paper Nos. 46 and 48).                    
               The 37 CFR § 1.132 Declaration of Dale Francis                         
               (Paper No. 46).                                                        
                                   THE REJECTIONS                                     

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