Ex parte HEGLER et al. - Page 4




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

          of the teachings of Maroschak.   Additionally, while we do not              
          agree with the examiner that the rectilinearly movable clamps               
          38,39,40,41 of Hopf are "levers," we nevertheless agree with                
          the examiner that it would have been obvious to substitute in               
          Hopf for the clamps 38,39,40,41, clamps of the pivotally                    
          mounted lever type as shown by Hoffman in Figs. 1 and 7-10.                 
          We cannot agree, however, with either the examiner's (1)                    
          finding that the element 6 of Hopf comprises a "group of                    
          conveying levers" or (2) conclusion that it would have been                 
          obvious to provide the conveying structure 6,7 of Hopf with                 
          clamps of the pivotally mounted lever type as taught by                     
          Hoffman.  The element 6 of Hopf is described in the                         
          translation as a "pin" (translation, pages 6 and 7) and it is               
          simply not clear from the showing in Fig. 1 exactly how the                 
          pipe 4 is engaged by element 6 (although it might be inferred               
          that portion of the member 6 nearest the pipe somehow engages               
          and grips the interior of the pipe).  In any event, there is                
          simply nothing in the combined teachings of the relied on                   
          references which would fairly suggest providing the conveying               
          structure 6,7 of Hopf with clamps of the pivotally mounted                  
          lever type as shown by Hoffman in Figs. 1 and 7-10 as the                   

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