Ex Parte TOYCEN et al - Page 4




          Appeal No. 2004-0119                                                        
          Application 08/644,170                                                      


          Mino does not disclose a pair of crimping elements on each jaw              
          and does not explicitly disclose the material of the tool.  We              
          observe that Mino also does not disclose a dense anodic coating             
          like that set forth in claim 1 on appeal.                                   


          To account for the first of the above-noted differences, the                
          examiner’s looks to Klingler, urging that this patent teaches               
          that it is known in the art to form a crimping tool with a                  
          plurality of crimping elements (30, 32, 34, 36; 38, 40, 42, 44),            
          and concluding that it would have been obvious to one of ordinary           
          skill in the art at the time appellants’ invention was made to              
          have modified the jaws of Mino by providing another crimping                
          element on each jaw as taught by Klingler in order to form a                
          plurality of crimps on a workpiece in a single operation of the             
          tool.  In this regard, the examiner further contends that mere              
          duplication of the essential working parts of a device involves             
          only routine skill in the art.                                              


          To address the second difference, the examiner turns to                     
          Zelenka, contending that this patent “teaches that it is known in           
          the art to form a tool entirely of aluminum as set forth in                 
          column 5, line 66 to column 3, line 2” (answer, page 4).  From              
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