Ex parte BACULY - Page 15




          Appeal No. 1999-1758                                                       
          Application No. 08/787,971                                                 


          based on the merits of the rejection, but on technical grounds             
          relating to the indefiniteness of the appealed claims.                     
          Accordingly, we will not sustain the examiner’s rejection of               
          claims 1-8 and 10 under 35 U.S.C. § 103.                                   


               The last rejection for our consideration is that of                   
          independent claim 24 under 35 U.S.C. § 103 as being obvious                
          over Durfee in view of Nimtz, Periolat and Nishimura.  In                  
          reviewing the examiner’s rejection, on pages 4 and 5 of the                
          answer, the examiner is of the view that Durfee shows a clamp              
          having a detachable jaw (adapter bloc) which includes a                    
          protective ledge 21 (Figure 1 of Durfee).  The examiner views              
          Nimtz as teaching a beam clamp (10) having protective ledges               
          (26, 28); Periolat as teaching a threaded bore in a jaw to                 
          receive releasable work piece clamping fixtures; and Nishimura             
          as teaching an adjustable clip assembly (10) to attach an                  
          adapter block to a jaw with a threaded fastener (9).                       


               With respect to appellant’s arguments on pages 12-13 and              
          15 of the brief, we agree with appellant in that the teachings             
          of  Durfee, Nimtz, Periolat and Nishimura are from diverse art             
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