Ex parte ASSINK et al. - Page 7




          Appeal No. 1997-0854                                                        
          Application No. 08/292,846                                                  


          of forced cooling air urged through the plenum by the fan,"                 
          which plenum is formed by plates which support the air heaters              
          and reciprocatable tools.  The examiner's statement that "the               
          use of any suitable cooling means to effectively maintain the               
          staking tool at a temperature cooler than the solidification                
          point of the studs is considered within the purview of one of               
          ordinary skill in the art" (page 2 of Answer) does not                      
          establish the obviousness of the particularly claimed method                
          of cooling the reciprocatable tools in the recited method of                
          hot staking workpieces.  We cannot countenance the summary                  
          rejection of any and all methods of cooling reciprocatable                  
          tools of hot staking processes.                                             
               We now turn to the remaining claims on appeal which fail               
          to recite any cooling of the reciprocatable tools.  In                      
          essence, we are in full agreement with the examiner that it                 
          would have been obvious for one of ordinary skill in the art                
          to automate the hot staking method of wells, as modified by                 
          Loren, to facilitate controlling the air flow, the amount of                
          heat delivered to the thermally softenable studs, and the                   
          timing of the reciprocatable tools.  We simply find no error                
          in the examiner's reasoning that:                                           

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