Ex Parte Kozyrski et al - Page 2



          Appeal No. 2005-0879                                                        
          Application No. 09/822,136                                                  

               a circular cutting blade having a cutting edge, a diameter,            
          and a thickness, wherein the cutting blade is pivotally mounted             
          to the handle, and the cutting edge includes an edge angle that             
          is not less than forty degrees and not greater than fifty                   
          degrees;                                                                    
               wherein the diameter of the cutting blade is not greater               
          than fifteen times the thickness.                                           
                                   THE PRIOR ART                                      
               The references relied on by the examiner to support the                
          final rejection are:                                                        
          Mathein                     704,352             July 08, 1902               
          Jahn                      5,235,748             Aug. 17, 1993               
                                  THE REJECTIONS                                      
               Claims 1, 4 through 6, 13 and 25 through 30 stand rejected             
          under 35 U.S.C. § 103(a) as being unpatentable over Mathein.                
               Claims 1, 4 through 6, 13 and 25 through 30 also stand                 
          rejected under 35 U.S.C. § 103(a) as being unpatentable over                
          Jahn.                                                                       
               Attention is directed to the brief (filed February 6, 2004)            
          and answer (mailed July 1, 2004) for the respective positions of            
          the appellants and examiner regarding the merits of these                   
          rejections.                                                                 




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