Ex parte PILCHOWSKI - Page 12




          Appeal No. 98-0584                                                          
          Application 08/238,948                                                      


          position away from the saw blade and work supporting surface.               
          As we have noted above in the     § 102 rejection, locking rod              
          82 is mounted on the pivotally mounted superstructure or                    
          housing 28 and is provided with a dog 94 on one end thereof                 
          for the purpose of actuating a contact switch (i.e., a tang                 
          108 on a stationary micro switch 98) when the guard is in the               
          lower or active position.  Both the contact switch and                      
          interlock system 64 are mounted on the telescoping arm in a                 
          position adjacent the pivotally mounted housing 28 and, thus,               
          the detector and interlock system are both remotely positioned              
          from the guard and the work supporting surface of Hewitt's                  
          table saw.  From our perspective, the examiner has improperly               
          relied upon the appellant's own teachings for a suggestion to               
          combine the teachings of the Delta instruction manual and                   
          Hewitt in the manner proposed.  Lieber has only been relied on              
          by the examiner for a teaching of a proximity switch.                       
          Accordingly, we will not sustain the rejection of claims 1-39               
          under 35 U.S.C. § 103 based on the combined teachings of the                
          Delta instruction manual, Hewitt and Lieber.                                
               Under the provisions of 37 CFR § 1.196(b) we make the                  
          following new rejections:                                                   
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