Appeal No. 2000-1354 Page 8
Application No. 08/894,129
movable along said direction relative to said body, said
lower tool being movable by said transfer device to at
least the following positions relative to said body
a) a first position below said working level whereat
said lower tool is accessible for exchange and/or
maintenance;
b) a second position whereat said lower tool is
positioned substantially at said working level for
cooperating with said upper tool to work on said sheet;
and
c) a third position whereat said lower tool is
positioned below said working level and movable therefrom
to said working level to work on said sheet.
The appellants argue (brief, pp. 10-12; reply brief, pp.
1-3) that Morita fails to disclose each and every element
recited in claim 14. Specifically, the appellants assert that
the claimed first position and third position of the lower
tool is not taught by Morita. We agree. Claim 14 requires
that the lower tool be capable of being positioned below the
working level (i.e., the claimed first and third positions).
Morita's lower tool (i.e., die 45) is not capable of being
positioned below its working level (i.e., the position shown
in Figure 3 of Morita, wherein the lower main shaft 30 is
shown in its lowermost position when the lower tool (die 45)
carried by the lower main shaft is at its working level).
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