Ex Parte STEFANOPULOS et al - Page 3




              Appeal No. 2003-1254                                                                  Page 3                
              Application No. 09/284,793                                                                                  


                                                       OPINION                                                            
                     In reaching our decision in this appeal, we have given careful consideration to                      
              the appellants' specification and claims, to the applied Strömberg patent, and to the                       
              respective positions articulated by the appellants and the examiner.  As a consequence                      
              of our review, we make the determinations which follow.                                                     


              The anticipation rejection                                                                                  
                     We will not sustain the rejection of claim 6 under 35 U.S.C. § 102(b) as being                       
              anticipated by Strömberg.                                                                                   


                     To support a rejection of a claim under 35 U.S.C. § 102(b), it must be shown that                    
              each element of the claim is found, either expressly described or under principles of                       
              inherency, in a single prior art reference.  See Kalman v. Kimberly-Clark Corp., 713                        
              F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert. denied, 465 U.S. 1026                              
              (1984).                                                                                                     


                     Claim 6 reads as follows:                                                                            
                            A clamping device for motor-drive straight-back and saber saws fixable to                     
                     a lifting rod, the clamping device comprising                                                        
                            a clamp holder;                                                                               
                            a movable clamping piece arranged relative to said clamp holder so that a                     
                     saw blade can rest between said clamp holder and said movable clamping piece,                        
                     said clamping piece having a first side which faces toward said clamp holder and                     







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