Ex parte GIGNAC et al. - Page 6




          Appeal No. 1997-2818                                                        
          Application No. 08/322,370                                                  

          integral with the reaction dolly.  In addition, the Rydstrom                
          patent lacks a teaching of a fluid actuated cylinder for                    
          displacing a counter-piece between an active position and a                 
          rest position.  Instead, Rydstrom discloses a bucking bar to                
          absorb the impacts of the rivet-upsetting hammer.                           
                 Thus, even if it would have been obvious to replace                  
          Stoewer’s riveting tool with Rydstrom’s riveting tool, the                  
          result would not meet the terms of claims 1 and 9.  To do so,               
          it would be necessary to make a modification of the initial                 
          modification (i.e., the combined teachings of Stoewer and                   
          Rydstrom).  The examiner, however, has not stated why it would              
          have been obvious to further modify the riveting tool to                    
          provide a reaction dolly, a counter-piece integral with that                
          dolly and a fluid actuated cylinder for displacing the                      
          integrally connected counter-piece between the active and rest              
          positions as defined in the independent claims on appeal.                   
          Furthermore, there is no evidence that there is any problem                 
          with the discharge of chips in Stoewer’s drilling operation to              
          warrant the provision of “vents” in one of Stoewer’s sheet-                 
          holding devices.                                                            



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