Ex parte HEGLER et al. - Page 2




                 Appeal No. 98-0676                                                                                                                     
                 Application No. 08/308,592                                                                                                             

                          Ralph-Peter Hegler and Wilhelm Hegler (the appellants)                                                                        
                 appeal from the final rejection of claims 1, 2 and 5-10, the                                                                           
                 only claims remaining in the application.2                                                                                             
                          We REVERSE.                                                                                                                   
                          The appellants' invention pertains to a corrugated pipe                                                                       
                 slot cutting apparatus.  Independent claim 1 is further                                                                                
                 illustrative of the appealed subject matter and a copy thereof                                                                         
                 may be found in APPENDIX I of the brief.3                                                                                              
                          The references relied on by the examiner are:                                                                                 
                 Hoffman                             2,980,434                                    Apr. 18, 1961                                         
                 Maroschak                                    3,916,763                                    Nov.  4, 1975                                
                 Hopf                                2,306,813       4                   Nov.  5, 1976                                                  
                 (French publication)                                                                                                                   
                          Claims 1, 2 and 5-10 stand rejected under 35 U.S.C. § 103                                                                     
                 as being unpatentable over Hopf in view of Maroschak and                                                                               
                 Hoffman.  According to the examiner Hopf teaches                                                                                       
                          a first group of holding and centering levers 38,39,                                                                          
                          a second group of holding and centering levers                                                                                

                          2Claims 1, 5, 6, 8 and 10 have been amended subsequent to                                                                     
                 final rejection.                                                                                                                       
                          3Reference in this decision to "the brief" is to the                                                                          
                 "SECOND AMENDED APPEAL BRIEF" filed on June 13, 1997 (Paper                                                                            
                 No. 16).                                                                                                                               
                          4Translation attached.                                                                                                        
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