Appeal No. 2001-1504
Application 08/618,263
The invention relates “generally to plier-type tools and,
more particularly, to a tool of this type which includes a
pair of coacting wedges for automatically adjusting the tool
proportionally to the size of a work piece engaged by its
jaws” (specification, page 1). Claim 16, from which claims 19
and 20 depend, recites such a tool comprising, inter alia, a
stationary jaw and a movable jaw, each having a laminated
construction. A copy of claims 16, 19 and 20 appears in the
appendix to the appellant’s main brief (Paper No. 22).
THE EVIDENCE
The items relied on by the examiner as evidence of
obviousness are:
Emmett 2,618,188 Nov. 18, 1952
Lance 4,297,756 Nov. 3, 1981
Warheit 4,802,390 Feb. 7, 1989
The item relied on by the appellant as evidence of non-
obviousness is:
The 37 CFR § 1.132 Declaration of Robert D. Wooster, Jr.,
filed with appended Exhibits 1 and 2 on August 20, 1999 (part
of Paper No. 18)
THE REJECTIONS
2
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