Appeal No. 98-2779 Application 08/496,604 (26) of the clamp of Kurwa would not lend themselves to a rat tooth structure of the type seen in English. Note particularly, the arguments found in appellant’s reply brief (pages 2-4). The need in Kurwa for the smooth extension (28) on the tip end of the jaw portion (18a) would preclude a rat tooth arrangement like that of English from being used therein, since at least the distal end of jaw portion (18a) must remain free of obstructions to define the smooth flat surface (29) that is critical to the disclosed use of the clamp of Kurwa. Note specifically, Figures 3, 4a and 5a of Kurwa and the disclosure at column 3, line 6, et seq., highlighting the significance of the smooth, rounded extension (28) and smooth flat surface (29). Thus, the examiner’s rejection of claims 3 and 4, the claims which depend therefrom, and claims 11 through 13 relying on the combined teachings of Kurwa, Schlein and English will not be sustained. To summarize our decision, we note that 1) the examiner's rejection of claims 1 and 2 under 35 U.S.C. § 103 has been sustained and 2) the examiner's rejection of claims 3 through 11Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007