Appeal No. 1999-0365
Application 08/601,724
1260, 1266, 23 USPQ2d 1780, 1783-84 (Fed. Cir. 1992); In re
Gordon, 733 F.2d 900, 902, 221 USPQ 1125, 1127 (Fed. Cir.
1984). There is no suggestion within Weeder that the
examiner’s proposed modification should be made. Therefore,
we do not sustain the examiner’s rejection of independent
claim 1 or of the claims which depend therefrom and are
rejected on Weeder taken alone.
With respect to independent claim 38, appellant again
argues that the examiner has admitted that Weeder does not
teach the first and second axes as recited in claim 38.
Appellant again argues that there is no motivation for the
examiner’s proposed modification of Weeder [brief, pages 9-
11].
We again agree with appellant for the same reasons
discussed above. Therefore, we do not sustain the rejection
of independent claim 38 or of the claims which depend
therefrom and are rejected on Weeder taken alone.
With respect to independent claim 72, appellant argues
that the tester of Weeder does not have a support and a
headstock plate having adjustable elements which enable
adjustment of the headstock plate such that longitudinally
8
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