Ex Parte WRIGHT - Page 6




                    Appeal No. 2002-1704                                                                                                                                  
                    Application No. 09/240,313                                                                                                                            


                    recognize that Whittle does not expressly describe any such use                                                                                       
                    of the teeth (2) for loosening the bolt, we are convinced that                                                                                        
                    the teeth (2) and wrench (7) as shown in Figure 4 would be viewed                                                                                     
                    by one of ordinary skill in the art as having such capability,                                                                                        
                    especially where the bolt is not initially tightened down                                                                                             
                    completely.                                                                                                                                           


                    With particular regard to claim 22 on appeal, we see no                                                                                               
                    distinction between the wrench (7) of Whittle and that defined in                                                                                     
                    appellant's claim 22.  Nor has appellant provided any argument                                                                                        
                    specifically directed to claim 22 as to why the wrench (7) of                                                                                         
                    Whittle fails to anticipate the wrench of claim 22.  Again,                                                                                           
                    looking to Figure 4 of Whittle, it is our view that the wrench                                                                                        
                    (7) seen therein has both a plurality of tightening surfaces and                                                                                      
                    a plurality of loosening surfaces formed in the manner broadly                                                                                        
                    required in claim 22 on appeal and wherein the tightening                                                                                             
                    surfaces are capable of applying a force to tightening surfaces                                                                                       
                    of the fastener to tighten the fastener and the loosening                                                                                             
                    surfaces are capable of applying a force to loosening surfaces of                                                                                     
                    the fastener to loosen the fastener, especially where the                                                                                             
                    fastener is not completely tightened down when the decision is                                                                                        
                    made to apply a loosening force to the fastener, e.g., such as                                                                                        

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