ALTHAUS V. OLDROYD - Page 10




          Interference No. 104,158                                                    



                    To summarize our findings with respect to the                     
          location of axis XX in Kirk, the first embodiment teaches that              
          axis XX                                                                     
          intersect axis YY or be adjacent thereto.  If it intersects                 
          YY, it is not at or below the surface to be shaved.  With                   
          respect to the “adjacent to” language, the reference is silent              
          as to in which direction the axis is displaced from axis YY                 
          and by what amount.  To expand this to a teaching of an axis                
          at or below the surface to be shaved is to base a necessary                 
          factual finding on speculation or conjecture.  The two other                
          embodiments of Kirk clearly disclose axis XX as well above the              
          surface to be shaved. Thus, it is our finding that Kirk never               
          teaches nor suggests a pivot axis XX at or below the surface                
          to be shaved.                                                               
                    The differences between the Kirk reference and                    
          Oldroyd’s claimed subject matter are two.  As explained above,              
          Kirk does not teach a pivot axis XX below the surface to be                 
          shaved.  Kirk also does not teach a four-bar linkage to carry               
          the cartridge carrier.                                                      
                    The Terry reference discloses a wet shaver with a                 
          handle 10 which supports a shaving unit 20 containing the                   
                                          10                                          





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