Appeal No. 1998-2988 Application No. 08/502,560 OPINION We have carefully considered the claims, the applied prior art reference, and the respective positions articulated by appellants and the examiner. As a consequence of our review, we will reverse both the anticipation rejection and the obviousness rejection of claims 1 through 5, 7, and 8. Claim 1 recites, in pertinent part, "means for mounting and for releasing the mounting fixture to the transfer tool in a plurality of orientations." In other words, the mounting fixture must be attached to the transfer tool such that the relative orientations between the two elements can vary. The examiner asserts (Answer, page 3) that the two prongs onto which the mounting band of QWIK-STIK fits "allow for mounting and releasing the fixture to the transfer tool in any orientation only limited by the degree to which the transfer tool may be angled within a manhole." However, in the drawings of the advertisement the two prongs appear to be maintained at an angle of ninety degrees with respect to the pole sections (the transfer tool), and the text adds no further description of the relative orientations of the pole and the prongs or the mounting band. It is mere speculation 3Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007