Ex Parte Elman et al - Page 2



              Appeal 2007-1204                                                                                                
              Application 10/370,869                                                                                          
                                              SUMMARY OF DECISION                                                             
                      We AFFIRM.                                                                                              

                                                   THE INVENTION                                                              
                      Appellants claim to have invented a tool holding apparatus which is said to                             
              be comprised of a base for attachment to a table and an insert having a workpiece                               
              support surface each referenced to the other such that a workpiece placed onto the                              
              insert can be referenced to the table.                                                                          
                      Claim 1, reproduced below, is representative of the subject matter on                                   
              appeal.                                                                                                         
                             1.      A modular tooling apparatus for performing a metalworking                                
                      operation on a workpiece comprising:                                                                    
                                    a) a base configured for semi-permanent attachment                                       
                                     to a table of a metalworking machine, the base                                           
                                     comprising an attachment surface, the attachment                                         
                                     surface comprising a locating feature, and                                               
                                    b) an insert associated with and separably secured to the                                
                                     attachment surface, the insert comprising a locating feature,                            
                                     and a workpiece support feature on a surface thereof;                                    
                      wherein the locating feature on the insert is configured to associate with the                          
                      locating feature of the attachment surface, to define a location of the                                 
                      workpiece support feature relative to the base.                                                         
                      The Examiner relies upon the following as evidence of unpatentability:                                  
                       Engibarov                    US 5,056,766                   Oct.  15, 1991                             
                       Wharton                      US 2,676,413                   Apr. 27 , 1954                             

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