Ex parte BALLY et al. - Page 8




          Appeal No. 2001-1198                                       Page 8           
          Application No. 09/233,899                                                  


          teeth of the pawl member into engagement with the plurality of              
          first teeth of the generally arcuate rack during the continued              
          movement of the handle portions toward each other to apply the              
          further grasping force to the workpiece; and (2) a biasing                  
          means for biasing the handle portions away from each other and              
          the jaw portions away from each other.  The examiner then                   
          determined (answer, pp. 4-5) that from the teachings of Wright              
          it would have been obvious at the time the invention was made               
          to a person of ordinary skill in the art to have provided                   
          Miller's pliers with spring means and biasing means performing              
          the functions set forth in claim 1.                                         


               The appellants argue that the applied prior art (i.e.,                 
          Miller and Wright) does not suggest the claimed subject                     
          matter.  We agree.  In that regard, while Wright may have been              
          suggestive of adding a biasing means for biasing the handle                 
          portions of Miller's pliers away from each other and the jaw                
          portions away from each other, it is our opinion that Wright                
          is not suggestive of providing Miller with a spring means as                
          recited in claim 1 especially since Miller's pawl member                    
          (i.e., pivot part 25a) is biased by spring wire 23a away from               







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