Ex parte WHITEFORD - Page 8




          Appeal No. 2001-1504                                                        
          Application 08/618,263                                                      


               [t]he laminated jaw construction set forth in                          
               pending claim 16 is integral to the functional                         
               mechanism of the self locking tool of the present                      
               invention.  The self adjusting locking tools of the                    
               present invention rely on a pair of coacting wedges                    
               for adjusting the tool proportionally to the size of                   
               a work piece engaged by the jaws.  In order for this                   
               wedge action to properly work it is necessary for                      
               each of the pivot points associated with the jaws to                   
               be totally free.  In order to ensure the pivot                         
               points can freely work, and thereby permit the self                    
               locking mechanism to properly function, it is                          
               critical to provide clearances in all of the pivot                     
               points.  The clearances provided directly result                       
               from the construction of the jaws.  The laminated                      
               construction of the jaws set forth in the pending                      
               claim 16 permits the jaws to be constructed to                         
               tolerances that heretofore were not readily                            
               obtainable from prior art forging and stamping                         
               processes and enables consistent operation of the                      
               self-adjusting locking features of the present                         
               invention.                                                             
               13. While the Emmett and Warheit patents                               
               disclose laminated constructions, the laminated                        
               construction in the tools of the Emmett and Warheit                    
               patents does not provide nor, in my opinion, suggest                   
               the functional advantages of using a laminated jaw                     
               construction for a self-adjusting locking tool.  The                   
               use of a laminated construction in the tools of the                    
               Emmett and Warheit patents increases the strength of                   
               the tool and reduces the cost of production.  The                      
               use of a laminated construction in those tools,                        
               however, is not, as it is in the present invention,                    
               integral to the functional mechanism of the tool.                      
               14. Thus, the laminated construction of the                            
               jaws in the self-adjusting locking tool of the                         
               present invention, provides a functional and                           
               mechanical result not present in the laminated tool                    
               construction in the Emmett and Warheit patents.                        
               Further, in my opinion, the operational advantages                     
               obtained by the laminated construction of pending                      
               claim 16, and in particular the                                        
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