Ex parte LEATHERMAN et al. - Page 6




          Appeal No. 97-4206                                                          
          Application 08/662,263                                                      


                    and flange need to be wide enough to span                         
                    the several blades or tool bits, and thin                         
                    enough to be flexible without too much                            
                    force, since the length of the spring is                          
                    limited by its formation as a part of the                         
                    back of the channel-shaped handle.                                
                    Formation of such a spring too long would                         
                    weaken the handle.                                                

                                        * * *                                         
                         Rohrer '143 also discloses a single-                         
                    bladed tool.  There is no suggestion to use                       
                    its construction, either, in a multi-bladed                       
                    tool.  While Rohrer '143 discloses a blade-                       
                    locking member 13 carried on a spring, and                        
                    a cam lever 14 useful for unlatching the                          
                    single blade from its latched-open                                
                    position, the spring is of a narrow, deep                         
                    configuration.  Rohrer does not suggest how                       
                    such a blade locking member could be                              
                    utilized for a multi-bladed tool of the                           
                    type shown in FIG. 3 of the present                               
                    application, where a spring and locking                           
                    member such as shown by Rohrer, if made                           
                    wide enough to engage several blades, would                       
                    be too stiff for practicality.  [Pages 6                          
                    and 7.]                                                           

          Thereafter, the appellants conclude that the examiner has used              
          a hindsight reconstruction of the references in arriving at a               
          conclusion of obviousness.                                                  




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