Appeal No. 97-1147
Application 08/349,087
permanent magnet and said driven member," as indicated in
claim 4 on appeal, and in similar language in claim 7 on
appeal. To address this difference, the examiner has taken the
position that it would have been obvious to one of ordinary
skill in the art at the time the invention was made to make
the permanent magnet slider (6) of Kagiyama "a separate member
from the magnet, since it has been held that constructing an
integral structure into various elements involves only routine
skill in the art" (final rejection, page 4). To account for
the plural sliders set forth in claim 7 on appeal, the
examiner urges that it would have been obvious to one of
ordinary skill in the art at the time the invention was made
to have plural sliders in the clutch mechanism of Kagiyama,
"since it has been held that mere duplication of essential
working parts of a device involves only routine skill in the
art" (final rejection, page 4).
In contrast with the examiner's position, we find nothing
in the Kagiyama patent which provides any teaching, suggestion
or incentive which would have motivated one of ordinary skill
in the art to make the particular selective modifications in
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