Ex Parte Achterberg et al - Page 11



          Appeal No. 2006-2406                                         Παγε 11                            
          Application No. 10/745,113                                                                      

          appellants that Dean teaches away from having a support hook.                                   
          Nor are we persuaded by appellants’ assertion (id.) that there is                               
          no mention in either reference of the desirability of having a                                  
          hook which suspends a band saw in between use because Bennett                                   
          discloses a portable, motor driven band saw that has a hook for                                 
          supporting the saw between use.  Nor are we persuaded by                                        
          appellants’ assertion (brief, page 5) that there is no logical                                  
          nexus between the references to suggest the combination.  From                                  
          Bennet’s disclosure of a portable, motor powered band saw that                                  
          has a support hook, we find the nexus to provide a support hook                                 
          on the portable, motor powered band saw of Dean.  Nor are we                                    
          persuaded by appellants’ assertion (id.) that the examiner                                      
          ignores the teachings of Bennett as a whole and chooses a small                                 
          piece of Bennett to combine with Dean.  Bennett is directed to a                                
          portable, motor driven band saw.  An object of the invention is                                 
          to provide the arrangement described and shown (page 1, lines 19-                               
          22).  Described by Bennett is the hook 20 for hanging the saw up                                
          when not in use (page 1, lines 92-95).  Thus, we find no                                        
          convincing evidence that the examiner is picking and choosing                                   
          isolated elements as part of a hindsight reconstruction of                                      
          appellants’ claims.  Nor are we persuaded by appellants’                                        














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