Ex Parte Rauch - Page 3



          Appeal No. 2005-0118                                                        
          Application 10/094,413                                                      

               OPINION                                                                

          In reaching our decision in this appeal, we have given                      
          careful consideration to appellant’s specification and claims, to           
          the applied prior art references, and to the respective positions           
          articulated by appellant and the examiner.  As a consequence of             
          our review, we have made the determination that the above-noted             
          § 103 rejection will not be sustained.  Our reasons follow.                 

          In the rejection of claims 1 and 2 under 35 U.S.C. § 103(a),                
          the examiner recognizes that the motorized wrench shown in Rauch            
          for spinning together lengths of drill pipe is significantly                
          structurally different than that defined in appellant’s claims on           
          appeal, i.e., in that Rauch’s power wrench does not have a frame            
          with two engaging arms pivotally mounted to the frame and                   
          defining a pipe receiving space therebetween, does not have two             
          drive systems of the type required in claim 1 on appeal and an              
          arrangement wherein one of the drive systems is attached to each            
          of the two above-noted pivotally mounted engaging arms, and also            
          does not have an engagement assembly like that in appellant’s               
          claim 1 using two compressed air rams positioned in the manner              
          set forth in claim 1 for moving the respective pivotally mounted            
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