Ex parte GARUGLIERI - Page 9




          Appeal No. 1998-2700                                                        
          Application No. 08/722,452                                                  


          unpatentable over Briskin in view of Garuglieri and Cox, we                 
          share appellant’s view that the protractor of Cox for                       
          measuring and reading the angular setting of aircraft                       
          propeller blades with relation to their hub is far removed                  
          from appellant’s field of endeavor involving a combination                  
          chop and table saw and a system for indicating the angle of                 
          the saw blade relative to the vertical. Moreover, even if one               
          skilled in the art would have viewed Cox as being reasonably                
          pertinent to the problem confronted by appellant (a point of                
          view which we find to be highly questionable), we must agree                
          with appellant that there is no teaching, suggestion or                     
          incentive in the applied references which would have led one                
          of ordinary skill in the art to combine the teachings of Cox                
          with those of Briskin and Garuglieri in the manner urged by                 
          the examiner.  Unlike the examiner (answer, page 7), we do not              
          view the protractor of Cox and the angular adjustment                       
          mechanism of Briskin (Figures 14, 15, 17 and 18) as being                   
          "equivalent structures" which "perform equivalent functions in              
          substantially the same way to achieve substantially the same                
          result."  Indeed, given the disparate nature of the devices                 
          and functions performed thereby in Cox and Briskin, it is our               
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