Ex Parte Wang - Page 8




             Appeal No. 2004-0390                                                               Page 8                
             Application No. 09/727,397                                                                               


             provided which is biased by spring 20 into one of a plurality of detents 22.  Thus, as                   
             ratchet head 6 is rotated about ratchet housing 4, ball 18 is forced into one of the                     
             detents 22 by spring 20.  With ball 18 engaged in one of detents 22, the wrench handle                   
             is no longer free to pivot about the ratchet head.  This ensures a temporary fixing of the               
             pivot angle so that stability may be provided in the application of force to the pivoted                 
             ratchet head.                                                                                            


                    After the scope and content of the prior art are determined, the differences                      
             between the prior art and the claims at issue are to be ascertained.  Graham v. John                     
             Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).                                                  


                   Based on our analysis and review of Allen and claim 1, it is our opinion that the                 
             only difference is the limitation that "the ratchet wheel being completely received in the               
             compartment of the box end when a central axis of the ratchet wheel is coincident with                   
             a central axis of the compartment of the box end."                                                       


                    As set forth above, a prima facie case of obviousness is established by                           
             presenting evidence that would have led one of ordinary skill in the art to combine the                  
             relevant teachings of the references to arrive at the claimed invention.  In this case, it is            
             our view that there is no evidence in the combined teachings of Allen and Kohal that                     








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