Ex Parte Elliott - Page 2



             Appeal 2007-1909                                                                                  
             Application 10/608,290                                                                            
                                       STATEMENT OF THE CASE                                                   
                   The Appellant seeks our review under 35 U.S.C. § 134 of the final rejection                 
             of claims 1-3 and 11-40.1  We have jurisdiction under 35 U.S.C. § 6(b) (2002).                    

                                        SUMMARY OF DECISION                                                    
                   We REVERSE.                                                                                 

                                             THE INVENTION                                                     
                   The Appellant’s claimed invention is to an adjustable tool for facilitating the             
             positioning of a repair clamp on a pipe for sealing a leak (Specification 1:2-5).                 
             Claim 1, reproduced below, is representative of the subject matter on appeal.                     
                          1. Apparatus for installing a repair clamp on a pipe,                                
                          said repair clamp including a generally cylindrical body                             
                          having first and second opposed edge flanges, a slot                                 
                          extending the length thereof for receiving the pipe and                              
                          positioning said repair clamp about an outer                                         
                          circumference of the pipe, and plural nut and bolt                                   
                          combinations coupled to said edge flanges for drawing                                
                          the repair clamp tightly about the pipe, said apparatus                              
                          comprising:                                                                          
                                a body portion having first and second opposed                                 
                          ends;                                                                                

                                                                                                              
             1 The Final Office Action of December 23, 2005 rejected claims 1-40 under                         
             35 U.S.C. § 103(a) as being unpatentable over Bosco and Murray.  The Examiner                     
             subsequently withdrew this rejection as it pertains to claims 4-10 (Answer 3).  As                
             such, there are no outstanding rejections of claims 4-10.                                         
                                                      2                                                        



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