Ex Parte TOYCEN et al - Page 3




          Appeal No. 2004-0119                                                        
          Application 08/644,170                                                      


          conflicting viewpoints advanced by the examiner and appellants              
          regarding the rejection, we make reference to the examiner's                
          answer (Paper No. 12, mailed January 5, 1999) for the reasoning             
          in support of the rejection, and to appellants’ brief (Paper No.            
          11, filed October 21, 1998) and reply brief (Paper No. 13, filed            
          March 8, 1999) for the arguments thereagainst.                              


                   OPINION                                                           


          In reaching our decision in this appeal, we have given                      
          careful consideration to appellants’ specification and claims, to           
          the applied prior art references, and to the respective positions           
          articulated by appellants and the examiner.  As a consequence of            
          our review, we have made the determinations which follow.                   


          The examiner’s rejection of claims 1, 3 and 5 on appeal                     
          under 35 U.S.C. § 103(a) based on the collective teachings of               
          Mino, Klingler, Zelenka and Ogden recognizes that the pliers-type           
          crimping tool for blasting caps of Mino includes a pair of                  
          pivotally connected jaws (4, 5), with each jaw having an integral           
          crimping element (9).  The examiner notes (answer, page 4) that             


                                          3                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007