Ex Parte MCCARTHY - Page 5




             Appeal No. 2004-1920                                                          Page 5              
             Application No. 09/302,1999                                                                       


             Applying this guidance to the situation at hand leads us to conclude that this rejection of       
             claim 1 cannot be sustained.  Our reasoning follows.                                              
                   Moeller discloses a hammer 6 in combination with a stem 5.  The objective of the            
             invention is to provide “a tool for performing pulling, driving or rotating operations” on        
             the stem (column 1, lines 1-4).  An attachment screw 12 is provided at the end of the             
             stem to allow the element which is to be pulled, driven or rotated to be attached to the          
             stem, and a boss 9 is fixedly attached about the mid-portion of the stem.  Boss 9 is not          
             annular, but has a flat area 11 (Figure 3).  Hammer 6 comprises a sleeve-like member              
             having a hand-grasping cylindrical part 14 with an annular flange 16 at its upper end, a          
             passage 18 through its center, and a lower end that includes an inward-facing shoulder            
             19.  Passage 18 terminates at its upper end in internal threads 17 that receive the               
             threads of a removable stop collar 7 which is provided with a bottom edge surface 26.             
             Passage 18 is not annular, but has a flat side 20 that cooperates with flat area 11 of            
             boss 9 to cause the hammer and the stem to be locked together when the hammer is                  
             rotated but slidable when the hammer is moved longitudinally.  With collar 7 removed,             
             hammer 6 is slipped over stem 8, whereafter the collar is screwed into place to anchor            
             the hammer on the stem.                                                                           
                   In operation, pushing force is applied to stem 8 by sliding hammer 6 downwardly             
             until shoulder 26 of stop collar 7 impacts the upper face of flange 16, pulling force is          
             applied by sliding hammer 6 upwardly until the upper surface of inward-facing shoulder            








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