Appeal No. 2001-0099
Application No. 09/042,431
Kentish discloses a ratchet wrench which is similar to
the second embodiment of Mesenhöller, in that it includes a
ratchet pin 12 slidably disposed in an axial bore 13 of a
housing 2, with an elongated slot 16 provided in the housing
and a pin 15 extending radially outward from one side of the
ratchet pin 12 through the elongated slot 16 and secured in a
thumb pad 18.
In rejecting claim 1, the examiner's position, as
expressed on page 7 of the answer, is that
it would have been an obvious mechanical equivalent
to form the engaging structure of Mesenhöller in the
form as taught by Kentish since such structure
performs substantially the same function, in
substantially the same manner, to produce
substantially the same results. Kentish [has]
clearly teaches user engaging structure for sliding
a rod to a release position to adjust a ratchet head
to a variety of positions. The user engaging
structure of Kentish has only one end of a pin which
extends outwardly from the rod as claimed by
appellant[s].
We understand the modification proposed by the examiner to be
replacement of the ring or slider 15 and diametral (through)
pin 14 of Mesenhöller's first embodiment with a button
extending around only a small portion of the handle shank
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