Ex parte FORTIN et al. - Page 3




                 Appeal No. 1999-2086                                                                                                                  
                 Application 08/692,062                                                                                                                


                      Coope et al (Coope)                         4,046,364                  Sep. 6, 1977                                              
                      Stiltz et al (Stiltz)                       4,265,435                  May 5, 1981                                               
                      Lee et al (Lee)                    5,284,331                  Feb. 8, 1994                                                       


                               Claims 1, 2, 4, 5, 34, 35, 37 through 39 and 41 stand rejected under 35 U.S.C.       §                                  

                      103 as being unpatentable over Stiltz in view of Coope, and claim 6 stands rejected under 35                                     

                      U.S.C. § 103 as being unpatentable over Stiltz in view of Coope and Lee.                                                         

                               According to the examiner’s findings, Stiltz’ work bench has pair of hand driven vise                                   

                      screws (see Figures 7 and 8), but lacks a clutch as recited in independent claims 1 and 6. For                                   

                      this feature, the examiner relies on the Coope patent and concludes that the teachings of Coope                                  

                      would have made it obvious to provide Stiltz’ vise with a torque responsive clutch. The                                          

                      examiner’s position is untenable.                                                                                                

                               In the first place, appealed claims 1 and 6 do not broadly call for a clutch connected in                               

                      any manner to one or more vise screws to limit the torque applied thereto as the examiner                                        

                      seems to suggest on page 3 of the answer. Instead, claims 1 and 6 are specifically limited to a                                  

                      clutch that enables “rotation of one screw with respect to the other screw.” Such a relationship                                 

                      is not taught by Coope.                                                                                                          

                               Instead, Coope merely teaches the concept of connecting a torque-limiting clutch to a                                   

                      single vise screw to limit the torque applied to that screw. Thus, Coope lacks a suggestion of                                   

                      locating the clutch in Stiltz’ dual screw arrangement to enable rotation of one screw with                                       

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