Ex parte FRANCIS - Page 9




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

               In light of the foregoing we shall sustain the standing                
          35 U.S.C. § 112, first paragraph, rejection of claims 77                    
          through 112 only with respect to claims 77, 84, 91, 99, 106,                
          109 and 112, claims 78 through 83 and 85 by virtue of their                 
          dependency from claim 77, claims 92 through 94 by virtue of                 
          their dependency from claim 91, and claims 100 through 105 and              
          107, 108, 110 and 111 by virtue of their dependency from claim              
          99.                                                                         
          III. The 35 U.S.C. § 103 of claims 77, 83, 85, 86, 95, 99,                  
          100, 104, 105 and 109 through 111 as being unpatentable over                
          Bernard in view of Thompson                                                 
               Bernard discloses an inline ratcheting tool, such as a                 
          torque wrench, for tightening down nuts with a very large                   
          torque.  In Bernard’s words,                                                
               [t]he inline ratcheting tool 10 is positioned on a                     
               head 11 of a nut 12.  In operation, the body portion                   
               13 of tool 10 would engage a second nut 12 to                          
               provide a base from which the inline ratcheting tool                   
               10 will obtain the necessary leverage in order to                      
               operate.  As illustrated in FIG. 1, there is further                   
               mounted on body portion 13 a hydraulic cylinder 15                     
               having the hydraulic cylinder connectedly engaged at                   
               its rear end 15 to the upper body portion 16 of body                   
               13, and the cylinder having a piston member 17 for                     
               engaging the ratcheting means 18 . . . so that as                      
               the piston moves forward and rearward from the flow                    
               of hydraulic fluid in lines 19 and 21, ratcheting                      

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