Ex parte BOGERT et al. - Page 7




                 Appeal No. 1999-0272                                                                                     Page 7                        
                 Application No. 08/605,212                                                                                                             


                 and moved by an upper shear arm 32; a lower blade 24 carried                                                                           
                 and moved by a lower shear arm 34; the upper and lower shear                                                                           
                 arms 32 and 34 are both rotatably mounted upon a common freely                                                                         
                 rotating shaft 38 which serves as a pivot for the arms 32 and                                                                          
                 34; a gear box 36; crank arms 40 and 42; gears 56 and 58;                                                                              
                 pivot pins 44 and 52; link arms 46 and 50; and pivot pins 48                                                                           
                 and 54.  Ward teaches (column 4, lines 7-11) that "[i]t is                                                                             
                 quite evident in the mechanical drive shown that rotation of                                                                           
                 the crank arms 40 and 42 will drive the link arms 46 and 50                                                                            
                 which in turn will force the upper and lower shear arms 32 and                                                                         
                 34 toward the centerline 26."  Ward also teaches (column 3,                                                                            
                 lines 42-54) that the drive shown in Figure 3 use the                                                                                  
                 mechanism of U.S. Patent No. 3,736,826.   From Figure 3 and           3                                                                
                 U.S. Patent No. 3,736,826 it is clear that Ward teaches that                                                                           
                 gears 56 and 58 are driven by a single motor.                                                                                          


                          Gurevich discloses a shear for the cutting of batches of                                                                      
                 glass mass.  As shown in Figures 1 and 2, Gurevich's shear                                                                             
                 includes a first knife 7 arranged on upper lever 6; a second                                                                           

                          3A copy of this patent is attached for the appellants'                                                                        
                 convenience.                                                                                                                           







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