Ex parte GILBERT - Page 4




          Appeal No. 2002-0352                                                        
          Application 09/374,205                                                      


          7-9 and reply brief, pages   3-4) that absent the use of                    
          impermissible hindsight, there exists no suggestion or                      
          motivation to selectively pick and choose certain elements                  
          (i.e., the tab/lip 46 and slot 32) that assist in providing                 
          the “generally perpendicular” locking arrangement of Gringer                
          and install them into the elements of the utility knife of                  
          Gilbert that provide for a entirely different longitudinal                  
          “sliding” locking arrangement between the first and second                  
          handle portions.                                                            


          Like appellant, we note that Gringer (col. 1)                               
          specifically refers to the utility knife of Gilbert (U.S.                   
          Patent No. 5,121,544) and describes the interengagement of the              
          handle portions and locking arrangement of Gilbert as being                 
          “difficult to operate” (col. 1, line 63) because of the need                
          to push the actuating lever of the locking mechanism and slide              
          the separable handle halves in opposite directions generally                
          parallel to the central axis of the knife to effect                         
          disengagement of the separable handle halves.  Gringer goes on              
          to describe his invention as an alternative to the arrangement              


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