Ex Parte GOACHER, SR. - Page 12




          Appeal No. 2004-1319                                                        
          Application 09/933,329                                                      


          wrench with a uniform outside diameter from its first end to its            
          second end.  For the same reasons set forth above in our                    
          discussion of the rejection of independent claim 1 based on Fuca            
          and Parker, we again find this argument to be unpersuasive.                 
          Accordingly, the examiner’s rejection of dependent claims 9 and             
          15 under 35 U.S.C. § 103(a) based on Fuca in view of Parker and             
          Moore or Jore will be sustained.                                            


          The next rejection for our review is that of method claims                  
          18 and 19 under 35 U.S.C. § 103(a) as being unpatentable over               
          Lassiter in view of Givot.  In this instance, the examiner has              
          determined (answer, page 3) that Lassiter shows or discloses the            
          claimed invention (e.g., in Figs. 4-10) except for the step of              
          turning the elongate body of the tool by manually gripping the              
          outer surface (59) of the tool to provide rotational torque to              
          both the tool and wire nut connector necessary for securing a               
          wire connector to the conducive ends of electrical wires.                   
          However, the examiner finds in Givot a teaching/suggestion of a             
          wire nut fastening tool (e.g., Fig. 1) having an outer                      
          cylindrical surface with appropriate gripping areas that                    
          facilitate manual gripping of the fastening tool (col. 3, lines             
          17-19) to apply the torque necessary for securing a wire                    
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