Ex Parte Neitzell - Page 13



          Appeal No. 2003-1472                                                        
          Application No. 09/606,955                                                  

          blade in solid lines in a first vertical position with the saw              
          blade teeth facing downwardly, and in phantom lines in a second             
          opposite vertical position with the saw blade teeth facing                  
          upwardly.  Ketchpel does not provide for adjustment of the path of          
          travel of the spindle.                                                      
               The linchpin of the examiner’s rejections under 35 U.S.C.              
          § 103(a) is that (1) it would have been obvious to one of ordinary          
          skill in the art in view of the teachings of Ketchpel to support            
          the saw blade of Enders in a second orientation, wherein the saw            
          blade has a second cutting direction opposite the cutting                   
          orientation shown in Figs. 5A-5D, and that (2) the resulting                
          modified Enders saw would include all the claimed cutting                   
          directions, cutting strokes, return strokes, and paths of travel.           
               First, we do not agree with the examiner that it would have            
          been obvious in view of Ketchpel to support the saw blade of Enders         
          in a second orientation wherein the saw blade has a cutting                 
          direction opposite the cutting direction shown in Figs. 5A-5D.              
          Notwithstanding the teachings of Ketchpel, which arguably teach             
          that it is generally known in the art of hand held reciprocating            
          saws to reorient the saw blade to achieve a different cutting               
          direction, the issue is whether it would have been obvious to one           
          of ordinary skill in the art in view of the applied reference               
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