Ex parte EARLE et al. - Page 4




                 Appeal No. 98-1354                                                                                                                     
                 Application 08/218,507                                                                                                                 


                                                                     OPINION                                                                            


                          In reaching our conclusion on the obviousness issue                                                                           
                 raised in this appeal, this panel of the board has carefully                                                                           
                 considered appellants’ specification and claims, the applied                                                                           
                 patent,  and the respective viewpoints of appellants and the1                                                                                                                         
                 examiner.  As a consequence of our review, we make the                                                                                 
                 determination which follows.                                                                                                           


                          We reverse the examiner’s rejection of appellants’ claims                                                                     
                 under 35 U.S.C. § 103.                                                                                                                 


                          At the outset, we note that independent claim 22 is drawn                                                                     
                 to a portable cutter for cutting conduit comprising, in                                                                                
                 combination, inter alia, a housing , a carriage slidably                                                                               

                          1In our evaluation of the applied patent, we have                                                                             
                 considered all of the disclosure thereof for what it would                                                                             
                 have fairly taught one of ordinary skill in the art.  See In                                                                           
                 re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966).                                                                              
                 Additionally, this panel of the board has taken into account                                                                           
                 not only the specific teachings, but also the inferences which                                                                         
                 one skilled in the art would reasonably have been expected to                                                                          
                 draw from the disclosure.  See In re Preda 401 F.2d 825, 826,                                                                          
                 159 USPQ 342, 344 (CCPA 1968).                                                                                                         

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