Ex parte MORGHEN - Page 7




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


          rotated, the work piece will not be pressed against the base                
          plate (page 2, lines 102-112).                                              
               We fail to perceive any teaching, suggestion or incentive              
          in either Maley or Andrew which would have led one of ordinary              
          skill in the art to modify the Maley apparatus in the manner                
          proposed by the examiner.  To follow the teachings of Andrew’s              
          first embodiment would lead the artisan to place parallel                   
          teeth on a cam surface and press the work piece into contact                
          with the base plate by use of the threads on the pivot bolt.                
          To follow the teachings of the second embodiment would result               
          in a system in which the work piece is not pressed against the              
          base plate.                                                                 
               Consideration of the other two references cited against                
          claim 1 does not alleviate the shortcomings in Maley and                    
          Andrew.  Allen discloses a system in which index pins are                   
          provided for aligning the work piece on the base plate prior                
          to actuating a set of clamps, and Woodman discloses cams                    
          operated by handles.  Incorporation of these features into the              
          Maley device still would not meet all the terms of claim 1.                 
          The same can be said for the Boggs and Cardner references                   
          cited against dependent claims.                                             
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