Appeal No. 2003-0187
Application No. 09/134,109
in the art that an important object of the invention therein is
to provide a tool box which “automatically turns the stored
objects [elongated tool bits and tool accessories] from a
horizontal position to a tilted position upon the opening of the
tool box cover, so that the stored objects can be conveniently
taken out of the tool box” (Cheng, col. 1, lines 26-30). The
examiner’s proposed substitution of the dovetail fitting tongues
and grooves of Kazen or tenons and recesses of Hurson for the
tool insert securing mechanism of Cheng would eliminate any such
pivotal action of the tool insert upon opening of the container,
and thus render Cheng inoperable for its intended purpose. For
that reason, it is apparent to us that one of ordinary skill in
the art would not have made the substitution proposed by the
examiner. Since there is clearly no suggestion or motivation to
combine the references in the manner urged by the examiner, it
follows that we will not sustain the examiner’s rejection of
claims 1, 3, 4, 7, 33 and 38 under 35 U.S.C. § 103(a) as being
unpatentable over Cheng in view of Kazen and Hurson.
We have also reviewed the examiner’s rejections of 1) claim
8 under 35 U.S.C. § 103(a) as being unpatentable Cheng in view of
Kazen, Hurson and Hanson; 2) claims 9 through 12 and 20 under 35
10
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