Ex Parte TOYCEN et al - Page 6




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


          the anodic coating specified in appellants’ claims on appeal, the           
          examiner notes that “Ogden discloses that an anodic coating of              
          30-40 micrometers (0.001 in -0.0015 in) thickness is preferred.”            
          The examiner also contends that it would have been obvious to one           
          of ordinary skill in the art to have utilized any particular                
          thickness of anodic coating since it has been held that where the           
          general conditions of a claim are disclosed in the prior art                
          discovering the optimum or workable ranges involves only routine            
          skill in the art.                                                           


          Appellants argue, and we strongly agree, that given the                     
          disparate nature of the various references applied by the                   
          examiner, one of ordinary skill in the art would have found no              
          reason or suggestion to combine Mino with Klingler, Zelenka and             
          Ogden in the particular manner urged by the examiner so as to               
          arrive at appellants’ pliers-type crimping tool as defined in the           
          claims before us on appeal.  More specifically, it is our view              
          that even if it would have been obvious to one of ordinary skill            
          in the art at the time of appellants’ invention to provide the              
          crimping tool of Mino with a pair of crimping elements formed               
          integrally on each jaw, based on teachings derived from Klingler,           
          so as to allow the crimping tool therein to form a double crimp             
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