Ex parte EARLE et al. - Page 9




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


          carriage is slidably mounted for slidable movement. Thus, each              
          of the components referenced by the examiner cannot fairly be               
          considered to be a carriage.                                                


               Claim 22 requires gripping members carried on the housing              
          and movable between an open position and a closed position for              
          firmly gripping an object to be cut. In our opinion, the                    
          Hanaway patent would not have been suggestive of the movable                
          gripping members as now claimed. More specifically, Hanaway                 
          discloses, at best, a single, fixed, gripping member on the                 
          main frame (housing) 11 comprising a horizontally extending                 
          recess with face plates to define a generally V-shaped notch                
          28. It follows that Hanaway would also have not been                        
          suggestive of the “means for actuating said gripping members                
          to closed positions where they firmly grip said object to be                
          cut”, a 35 U.S.C. § 112, sixth paragraph, means recitation.                 
          The specification (page 13) describes the structure for                     
          effecting movement of the gripper members (upper jaws 94, 96)               
          to firmly grip a conduit.                                                   




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