Ex Parte Hawkins - Page 13




              Appeal No. 2003-1284                                                                Page 13                 
              Application No. 09/887,179                                                                                  


              appropriate level.  Chore-Time Equip., Inc. v. Cumberland, 713 F.2d 774, 779 n.2, 218                       
              USPQ 673, 676 n.2 (Fed. Cir. 1983).                                                                         


              Determination of obviousness                                                                                
                     With regard to the above-noted differences, it is our conclusion that it would have                  
              been obvious at the time the invention was made to a person of ordinary skill in the art                    
              to have modified the pocket multiple tool of Leatherman to have included common tools                       
              used by bicyclists such as a spoke wrench and a bicycle chain tool in view of (1) the                       
              teachings of Leatherman to provide a multiple tool having both cross-jaw pliers and                         
              parallel-jaw pliers and certain auxiliary tools, and that certain tools are often needed in                 
              situations where it is impractical or at least inconvenient to go prepared with a well                      
              equipped tool box, for example, hunters, fishermen, campers, bicyclists and even                            
              motorcyclists and automobilists have frequent need for a variety of common tools which                      
              are not available when the need arises; and (2) the teachings of Chuang that a tool                         
              combination for a bicycle includes both a spoke wrench and a bicycle chain tool.  In                        
              making this modification to Leatherman, it is our view that one skilled in the art would                    
              have replaced one or more of Leatherman's auxiliary tools (i.e., knife blade                                
              71, awl 72, large screwdriver bit 73, scissors 74, spacer 98, saw/file blade 76, small                      
              screwdriver bit 77, medium screwdriver bit 99, can and bottle opener 78 and                                 









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