Ex Parte Neitzell - Page 11



          Appeal No. 2003-1472                                                        
          Application No. 09/606,955                                                  

               a track (or, means) for selectively changing the first                 
               path of travel of the end to another path of travel, said              
               another path of travel having a second cutting stroke and              
               a second return stroke,                                                
               wherein the first path of travel is characterized by                   
               movement at least partially in the first cutting                       
               direction during the first cutting stroke, and wherein                 
               said another path of travel is characterized by movement               
               at least partially in the second (opposite) cutting                    
               direction during the second cutting stroke.                            
               Thus, each of the independent claims on appeal in one way or           
          another calls for a spindle that is capable of moving along a first         
          path of travel and another path of travel, wherein the first path           
          of travel is characterized by movement of the spindle end at least          
          partially in a first cutting direction during a first cutting               
          stroke, and wherein the said another path of travel is                      
          characterized by movement of the spindle end at least partially in          
          a second opposite cutting direction during a second cutting stroke.         
               Enders, the examiner’s primary reference in each of the                
          rejections under 35 U.S.C. § 103(a), is directed to a jig saw               
          wherein the spindle has an adjustable path of travel.  More                 
          particularly, Enders discloses a spindle 28 mounted in a pivoting           
          bearing 30 for allowing both sliding and pivoting motion of the             
          spindle relative to the tool housing.  Crank pin 25, 26 engages a           
          transverse slot in yoke member 27 carried by the spindle so that            
          when the crank in rotated, a reciprocating motion is imparted to            
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