Appeal No. 2004-1493
Application No. 09/932,777
curved sharpened lower edge. Instead, the groover tool of Rios
has an essentially straight sharpened lower edge. However, Angel
and Bonavitacola evidence that groover tools having a curved
sharpened lower edge were known in the art. As a result, we
concur with the examiner that it would have been obvious for one
of ordinary skill in the art to utilize the known curved design
for a groover tool in the combination groover tool and pivoting
rake tool of Rios. As explained by the examiner, appellant has
not presented any evidence which establishes that employing the
known curved design for the combination groover tool and pivoting
rake tool of Rios produces any unexpected result or advantage.
Appellant contends that nothing "shows the curved sharp
lower edge 42 of the groover tool portion 20 as set forth in
Claim 3 . . . This may be readily seen in Figures 1, 3 and 4"
(page 6 of Brief, last paragraph). However, the combination of
the appealed claims is not limited to the specific structures
depicted in appellant's figures and, moreover, it is not
necessary for a finding of obviousness that the prior art show
the particular curvature of appellant's groover tool, even if it
were particularly claimed.
Appellant also maintains that "[i]n the prior art, the
groover tool portion with the curved sharpened lower edges are
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