Ex parte KRIVEC et al. - Page 4




          Appeal No. 2001-0099                                                        
          Application No. 09/042,431                                                  


          respective positions of the appellants and the examiner with                
          regard to the merits of these rejections.                                   
                                       OPINION                                        
               In arriving at our decision on the obviousness issues                  
          raised in this appeal, we have given careful consideration to               
          the appellants' specification and claims, the teachings of the              
          applied prior art references, the Brekke declaration (Paper                 
          No. 9) supplied by appellants, and the respective positions                 
          articulated by appellants and the examiner.  Having reviewed                
          all of the evidence before us, we make the determinations                   
          which follow.                                                               
               Turning first to the examiner's rejection of claim 1 as                
          being unpatentable over Mesenhöller in view of Kentish, we                  
          note that Mesenhöller discloses a first ratchet wrench                      
          embodiment (Figures 1-5) having an operating head 3 pivotably               
          coupled to a handle 2 including a handle shank 1 provided with              
          two angular slots 16, 17 and a rod 9 disposed within a bore                 
          (guide channel 8) and joined to an annular slider 15 enclosing              
          the handle shank by means of a diametral pin 14 passing                     
          through the slots.  To change the angularity of the handle                  
          relative to the head, the user draws back the slider 15                     
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