Appeal No. 2005-1173 Page 9
Application No. 10/134,793
wrenches, both adjustable and non-adjustable. The wrench includes one or two
protrusions positioned on the face of the wrench substantially through the axis of a nut
when the nut is positioned within the wrench in a manner for loosening or tightening.
The protrusion or protrusions extend inwardly from the wrench head to within a distance
"d" of the bolt. The distance "d" does not extend inwardly sufficiently to cause
interference with the bolt, but extends sufficiently to rest upon the head of the nut to
position it for tightening or loosening. The protrusion will, further, extend upwardly in
some embodiments so that it will not interfere with the "self-locking" segment of that
type nut. Further, the positioning of the projection or projections through an axis 90° to
the wrench axis and the axis of the nut or bolt permits the wrench to be canted at an
angle (especially in open-end wrenches) during use.
In the rejections under 35 U.S.C. § 103 before us in this appeal, the examiner
determined that it would have been obvious to one having ordinary skill in the art to
form the box spanner of Bogni in any of a variety of wrench forms as taught by either
Morrissey or White. We do not agree.
In our view, there is no motivation, suggestion or teaching in the applied prior art
for a person having ordinary skill in the art to have modified the box spanner of Bogni to
be a wrench form (e.g., an open end box wrench, a closed end wrench, an adjustable
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