Ex Parte Dobson et al - Page 6




          Appeal No. 2004-0526                                                        
          Application No. 09/981,975                                                  


                                Remand to the Examiner                                
               This case is remanded to the examiner for consideration of the         
          following matter.  Claim 1, as interpreted, calls for a tool                
          comprising an opening having planar surfaces, connection surfaces           
          connecting the planar surfaces at their ends, each connection               
          surface having convex surfaces and a concave surface, with the              
          convex and concave surfaces having the same radius.                         
               The Figures 5-7 embodiment of Colvin comprises a tool                  
          comprising an opening having planar surfaces 32’ and connection             
          surfaces connecting the planar surfaces at their ends.  Each                
          connection surface comprises a pair of convexly curved engagement           
          surfaces 36’ of radius R2 connected to an associated planar surface         
          32’, a concave connecting surface 42’ of radius R3, and a pair of           
          flat surfaces 34’ connecting the convexly curved engagement                 
          surfaces to the concave connecting surface 42’.                             
               Colvin’s description of the Figures 5-7 embodiment at column           
          7, lines 5-33, includes the disclosure at lines 8-18 that the               
          radius R2 decreases in length from the open axial end 46’ toward            
          the closed axial end 44’.  This is illustrated in Figures 6 and 7,          
          where a comparison of R2 in each drawing figure reveals that R2 as          
          shown in Figure 6 is substantially greater than R2 as shown in              
          Figure 7.  It is also noted that connecting surface 42’ has                 

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