Ex parte MORGHEN - Page 4




          Appeal No. 98-0005                                                          
          Application No. 08/613,808                                                  


          art would have been led to modify a prior art reference or to               
          combine reference teachings to arrive at the claimed                        
          invention.  See Ex parte Clapp, 227 USPQ 972, 973 (Bd. Pat.                 
          App. & Int. 1985).  To this end, the requisite motivation must              
          stem from some teaching, suggestion or inference in the prior               
          art as a whole or from the knowledge generally available to                 
          one of ordinary skill in the art and not from the appellant's               
          disclosure.  See, for example, Uniroyal, Inc. v. Rudkin-Wiley               
          Corp., 837 F.2d 1044, 1052, 5 USPQ2d 1434, 1052 (Fed. Cir.),                
          cert. denied, 488 U.S. 825 (1988).      The appellant’s                     
          invention is directed to clamping a work piece in place                     
          tightly pressed against the surface of a base plate.  Among                 
          the structural limitations set forth in claim 1, the sole                   
          independent claim, is an arm having a cam surface with a                    
          varying diameter around the pivot pin upon which the arm is                 
          mounted,                                                                    
               said cam surface having a plurality of angled                          
               grooves for engaging said work piece and forcing                       
               said work piece toward said base plate, pins and                       
               other clamps as said cam surface is pivoted into                       
               pressure engagement with said work piece.                              



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