Appeal No. 2005-1204 Page 2
Application No. 10/057,476
BACKGROUND
The appellants' invention relates to fastener tools (specification, p. 1). Claim 3
under appeal reads as follows:
A fastener tool comprising:
a housing;
a magazine connected to the housing for storing a fastener;
a driving mechanism disposed within the housing for driving the fastener
into a workpiece;
a contact trip assembly slidably mounted to the housing and movable
when a user pushes the housing towards the workpiece;
a trigger assembly pivotally attached to the housing for activating the
driving mechanism, said trigger assembly being rotatable relative to the housing
about a first axis, said trigger assembly comprising a main trigger pivotally
attached to the housing, and a supplemental trigger pivotally attached to the
main trigger, said supplemental trigger being movable by the contact trip
assembly, said driving mechanism being activated only when the user rotates the
main trigger and the contact trip assembly moves the supplemental trigger; and
a trigger lock disposed between the housing and the trigger assembly, the
trigger lock being rotatable about a second axis substantially perpendicular to the
first axis between a first position limiting the pivoting range of the trigger
assembly relative to the housing for preventing the trigger assembly from
activating the driving mechanism, and a second position not preventing the
trigger assembly from activating the driving mechanism position, the trigger lock
having a handle for moving the trigger lock between the first and second
positions, said handle being rotatable with the trigger lock about the second axis.
Claim 3 stands rejected under 35 U.S.C. § 103 as being unpatentable over U.S.
Patent No. 5,785,228 to Fa et al. (Fa) in view of U.S. Patent No. 5,823,395 to Foster et
al. (Foster).
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