Ex parte EARLE et al. - Page 11




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




               The pipe cutter of Hanaway does include a clamping screw               
          34 (manually operable actuator) carried by the main frame                   
          (housing) and operatively connected with the secondary frame                
          (carriage) for moving the carriage, as claimed. However,                    
          Hanaway does not provide a suggestion for the movement of the               
          secondary frame (carriage) by the manually operable actuator                
          to an advanced position where the saw is moved into cutting                 
          engagement with an object held by movable gripping members, as              
          set forth in claim 22.                                                      


               For the reasons given above, we have determined that the               
          portable cutter of claim 22 would not have been obvious based               
          upon the evidence of obviousness before us.                                 
                                                                                     
               In summary, this panel of the board has reversed the                   
          rejection of claims 22 through 26 and 28 under 35 U.S.C. § 103              
          as being unpatentable over Hanaway.                                         


               The decision of the examiner is reversed.                              


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