Ex parte WALMSLEY - Page 7




          Appeal No. 97-4247                                                          
          Application No. 08/190,618                                                  


               along said inclined surface into gripping engagement                   
               with the surface of the elongate member, the movable                   
               elements being free to move axially within the                         
               support apertures and relative to each other a                         
               sufficient amount such that the respective movable                     
               elements may adopt differing radial and axial                          
               positions when gripping the elongate member to                         
               accommodate such ovality.                                              
          It is the examiner’s position that both Dillon and Atlas                    
          disclose the basic structure required by claims 15 and 19,                  
          except for the elongated apertures, but that it would have                  
          been obvious to one of ordinary skill in the art to elongate                
          the apertures in view of the teachings of Price.  The                       
          appellant disagrees, on the basis that there would have been                
          no suggestion to do so.  We agree with the appellant, our                   
          reasoning being as follows.                                                 
               From our perspective, both Dillon and Atlas disclose                   
          exactly the type of gripping device over which the appellant                
          believes his invention to be an improvement.  While the theory              
          of operation and the structures themselves have much in common              
          with the claimed invention, neither of these references                     
          recognizes the problem solved by the appellant, nor do they                 
          disclose structure which inherently would solve the problem.                
          In both, the apertures through which the locking balls extend               

                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007