Ex Parte Wirth et al - Page 23




                Appeal No. 2005-0948                                                                          Page 23                   
                Application No. 09/922,938                                                                                              



                        Claim 21 reads as follows:                                                                                      
                                A Iathe assembly as in claim 16, in combination with a tool rest assembly                               
                        selectively slidably engaged with one of said first and second Iathe bed                                        
                        assemblies, said tool rest assembly comprising a tool support housing extending                                 
                        vertically from a tool rest main body, said tool rest main body comprising a tool                               
                        rest housing and a locking assembly for selectively locking said tool rest housing                              
                        to the Iathe bed assembly, said locking assembly including a locking plate for                                  
                        engaging an undersurface of a bedway of the Iathe bed assembly; a slider block                                  
                        seated and disposed within said tool rest housing, a non-circular locking shaft                                 
                        extending longitudinally of said housing and disposed through a bore in said slider                             
                        block, and a locking piston vertically slidably disposed in said slider block, said                             
                        locking piston having a bore for being aligned with said bore of said slider block to                           
                        receiving said Locking shaft and having a shaft for being detachably mounted to                                 
                        said locking plate, whereby rotation of said locking shaft about the longitudinal axis                          
                        thereof lifts said locking piston and the locking plate mounted thereto while                                   
                        pressing said block so as to clamp said housing to a bedway between the slider                                  
                        block and the locking plate.                                                                                    
                        The pertinent teachings of Hardy, McCormack and Clay have been set forth                                        
                above.                                                                                                                  
                        The subject matter of claim 21 would not have been obvious to a person having                                   
                ordinary skill in the art at the time the invention was made for the reasons set forth above                            
                regarding claim 16.2  Accordingly, the decision of the examiner to reject claim 21 under                                
                35 U.S.C. § 103 is reversed.                                                                                            



                        2For reasons unknown, the examiner did not apply the patent to Caddaye                                          
                (applied in the rejection of parent claim 16) in the rejection of dependent claim 21.  The                              
                additional patent to Clay, applied in this rejection, discloses nothing therein which                                   
                makes up for the deficiency of the applied prior art discussed above with respect to                                    
                parent claim 16.                                                                                                        








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