Ex parte FUTO et al. - Page 3




              Appeal No. 1999-1165                                                                      Page 3                 
              Application No. 08/753,174                                                                                       


              No. 12) for the examiner's complete reasoning in support of the rejections, and to the Brief                     
              (Paper No. 10) and Reply Brief (Paper No. 13) for the appellants’ arguments thereagainst.                        
                                                          OPINION                                                              
                      In reaching our decision in this appeal, we have given careful consideration to the                      
              appellants’ specification and claims, the applied prior art references, the respective                           
              positions articulated by the appellants and the examiner, and the guidance provided by our                       
              reviewing court.  As a consequence of our review, we make the determinations which                               
              follow.                                                                                                          
                      According to the appellants, it has been difficult with the prior art devices to achieve                 
              proper sealing interengagement between the plastic pipes, sealing rings and slip nuts now                        
              commonly used in plumbing drain installations, especially when it is necessary to work in                        
              confined spaces.  The appellants’ wrench includes as its objectives enabling rotation of a                       
              plastic slip nut to achieve assembly or disassembly of a sealed joint in a drain line in such                    
              a manner as to promote a good seal without distorting the circular contour of the nut or                         
              otherwise damaging it, even when working under conditions of limited space, and                                  
              optimizing the degree of rotation which can be imparted to the slip nut without having to                        
              reposition the wrench.  See specification, pages 1-4).                                                           
                      As manifested in independent claim 1, the appellants’ invention comprises a                              
              wrench having a C-shaped body portion of resilient polymeric material, spaced apart first                        









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