Ex parte FOSSUM - Page 11




          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               

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