Ex parte HABELE - Page 2




          Appeal No. 98-0685                                                          
          Application No. 08/513,529                                                  


               We REVERSE and, pursuant to our authority under the                    
          provisions of 37 C.F.R. § 1.196(b), we will enter a new                     
          rejection of the appealed claims under 35 U.S.C. § 112, second              
          paragraph.                                                                  
               The appellant's invention pertains to a screwing device                
          for ultrasound-controlled tightening of screw connections.                  
          Independent claim 1 is further illustrative of the appealed                 
          subject matter and a copy thereof may be found in the APPENDIX              
          to the brief.                                                               
               The references relied on by the examiner are:                          
          Pagano                   3,969,810                     Jul. 20,             
          1976                                                                        
          Farley                   4,266,453                     May  12,             
          1981                                                                        
          Miner et al. (Miner)     5,448,930                     Sep. 12,             
          1995                                                                        
          Canadian Patent                                                             
          (Ferm)                   566,987                       Dec.  2,             
          1958                                                                        

               Claims 1, 2 and 5-7, 9 and 10 stand rejected under 35                  
          U.S.C. § 103 as being unpatentable over Pagano in view of                   
          Miner.                                                                      
               Claim 8 stands rejected under 35 U.S.C. § 103 as being                 
          unpatentable over Pagano in view of Miner and Farley.                       
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