Ex parte EARLE et al. - Page 7




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


          adjustable chuck clamped onto the input shaft 51 of a right                 
          angle drive slide 44 (column 3, lines 11 through 18). The                   
          output shaft 52 of the slide 44 receives a circular cutter 53               
          for cutting a tube held between notches 28 and 33 on the main               
          and secondary frames, respectively.                                         


               Unlike appellants (brief, page 11), we are of the view                 
          that one having ordinary skill in the art would have                        
          understood the pipe cutter of Hanaway as being operable and                 
          not merely a concept. Clearly, those versed in the art would                
          have fairly understood the right angle drive slide as being                 
          any known device for converting a rotary input into a right                 
          angle rotary output.                                                        


               We note that appellants acknowledge the use of batteries               
          to drive motors as well known, but question where such a                    
          battery could be placed on the pipe cutter of Hanaway (brief,               
          page 11). We have no doubt, however, but that those having                  
          ordinary skill in this art would have been quite capable of                 
          mounting a battery to the main frame of Hanaway to supply                   
          power to the drive motor,                                                   
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