Appeal No. 2004-1168
Application 09/884,518
electrical box hidden behind drywall, the indicator light 75 will
illuminate so that the user will know where sawing
operations are required. (Emphasis added).
As quoted above, Hubscher explicitly teaches one having ordinary skill in the art
to place the housing 11 such that the housing 11 is touching or abutted with a wall
surface. On the one hand, one can place Hubscher’s surface 15 on a wall adjacent a
corner where the blade 65 would pass around the corner of the wall and slide the
surface 15 along the wall as the Examiner pointed out. On the other hand, one having
ordinary skill in the art also can detach Hubscher’s adaptor 10 off the screw gun shown
in phantom in Fig. 1, then place the adaptor 10 in adjacency with the wall surface and
slide the surface 13 along the wall surface. In this case, the surface 13 is free to slide
on the wall surface. We note that Appellant’s claim 1 does not preclude the detachment
of the accessory from the hand drill as evidenced by the recitation “an attachment
member for detachably mounting the accessory housing to the drill housing.” There-
fore, we find that Hubscher’s surface 15 or 13 performs the functional limitation “for
sliding across a wall surface” recited in claim 1.
Appellant further argues that Hubscher does not teach “an attachment member
for detachably mounting the accessory housing to the drill housing” required by the
claim. Appellant argues that the Examiner’s reliance on the “elongated bore” 31 as the
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