Appeal No. 2002-1704
Application No. 09/240,313
In rejecting claims 14, 18 and 22 under 35 U.S.C. § 102(b)
as being anticipated by Whittle the totality of the examiner's
statement in the answer (page 3) is that we should "[n]ote figure
1, surface '2' and the asymmetrical wrench '7' in figure 7."
Some further insight is provided in the "Response to Argument"
section of the examiner's answer (pages 7-8), wherein the
examiner urges that
Whittle discloses all of the claimed structure.
Applicant is arguing a method of use of an old and well
known structure. Note that a new use for an old
structure must be in the form of a process claim. If
the shown structure is capable of performing the
claimed function, then the reference clearly
anticipates the claims. Whittle is clearly capable of
performing the claimed function. Note figures 1, 3,
and 7 of Whittle wherein an outer surface of the
fastener is defined by driving surfaces and surfaces
capable of loosening. Figure 7 clearly shows a socket
having a corresponding configuration to the fastener.
Engagement of the fastener with the socket would allow
rotation in either direction. The intended use
disclosed by Whittle does not negate the showing of an
outer surface of the fastener (or of the socket) being
defined by driving surfaces and surfaces capable of
loosening. Whittle discloses a torque wrenching
system. The term "high" torque is a relative term and
does not further define the device.
Having reviewed and evaluated the Whittle patent, we must
agree with the examiner that the bolt (1) and wrench (7) of
Whittle anticipate the asymmetrical wrenching system and wrench
defined in claims 14 and 22 on appeal. While it is true that
44
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007