Ex parte WICKIZER et al. - Page 7




          Appeal No. 1999-1754                                                        
          Application No. 08/800,230                                                  

          overcome.  Not only is the structure recited in independent                 
          claim 1 not explicitly taught by this reference, but we fail                
          to perceive any teaching, suggestion or incentive which would               
          have led one of ordinary skill in the art to modify the rod                 
          disclosed therein in such a manner as to meet the terms of                  
          dependent claims 3, 5 and 7 which, of course, include the                   
          structure of claim 1.  Thus, a prima facie case of obviousness              
          has not been established with regard to the subject matter of               
          claims 3, 5 and 7, and we therefore will not sustain the                    
          rejection of these claims.                                                  
               We reach the same conclusion with regard to claims 9 and               
          10, which are dependent from claim 1 and stand rejected as                  
          being unpatentable over Strader in view of Sleight.  The                    
          secondary reference, which was cited for its teaching of                    
          mounting a leverage feature on a separate piece attached                    
          around the handle, fails to cure the defects in Strader                     
          pointed out in the foregoing paragraphs.  Thus, a prima facie               
          case of obviousness is lacking with regard to the subject                   
          matter of claims 9 and 10, and we will not sustain this                     
          rejection.                                                                  
                                       SUMMARY                                        

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