Appeal No. 97-1775
Application No. 08/500,740
thereof and the first means, as recited in Claim 8.
The recitation also in Claim 8 to: “... rotatable
about a fixed intermediate position between the free
ends thereof and a fixed point on said first means” is
also certainty [sic] not disclosed in Evels.
This argument is not well taken. Evels meets the
recitations referred to by appellant, in that rotating arm 8 of
Evels rotates about pin 19, which is at a fixed intermediate
position between the free ends of arm 8, and is fixed to the
first means (jaw 7); see col. 3, lines 31 to 36. Thus, Evels
anticipates claim 8.
Rejection (3)
In his argument on page 7 of the brief concerning this
rejection, appellant acknowledges that McGuire discloses
protruding elements, but asserts that “there is no reason for
modifying the Evels holder to include protruding elements, other
than using Appellant’s own disclosure.” However, the examiner
notes column 2 of McGuire, which discloses at lines 43 to 48 that
(emphasis added):
Preferably, the inside of the pipe gripper includes
four ribs [protruding elements 32] which extend
parallel to and contact the length of pipe encircled by
the pipe gripper. The contact of the pipe with the
ribs of the pipe gripper allows the pipe clamp to
accommodate the expansion and contraction of the pipe
during temperature fluctuations.
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