Ex Parte USHIWATA et al - Page 20



          Appeal No. 2006-2116                                                        
          Application No. 08/879,517                                                  

          shaft is shifted from the axis of the saw shaft by a distance               
          which is greater than the radius of the circular saw blade.                 
          Persons having ordinary skill in the art would have learned                 
          from Ambrosio that when its motor casing is tilted in either                
          of opposite directions by an angle greater than or equal to                 
          45 degrees with respect to the zero-tilt angle position, the                
          motor housing does not contact the workpiece base.                          
               In light of the combined prior art teachings, we find that             
          persons having ordinary skill in the art would have had the                 
    10    instruction and the motivation to make and use a desk-top cutting           
          machine having the design and/or construction claimed.  The                 
          problem would have been apparent to any person having ordinary              
          skill in the art from the acknowledge prior art devices depicted            
          in Figure 7 of appellant’s supporting specification or Ito’s                
          discussion of the state of the art and problems associated                  
          therewith.  Ito’s solution, and the recognized prior art designs            
          proffered by Japanese Laid-Open Utility Model Publication                   
          No. 63-49901/Japanese Utility Model Application (OPI) No. 49901/88          
          commonly cited in Ito and appellant’s patent specification, rely            
    20    on the use of expensive beveled gears.  A less expensive, yet               
          equally remedial solution to the recognized problem would have              
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