Appeal No. 2005-2503
Application No. 10/393,662
first fence defining a fence plane, a second fence disposed to
the right of the blade and attached to the base, the first and
second fences being connected via a central portion, the central
portion being attached to the base at a point where a distance
between the point and the fence plane is larger than a distance
between the first screw and the fence plane.
The examiner relies upon the following reference in the
rejection of the appealed claims:
Bergler 4,537,105 Aug. 27, 1985
Appellants' claimed invention is directed to a saw
comprising, inter alia, a fence assembly comprising a first fence
and a second fence as well as a central portion connecting the
first and second fences. The central portion of the assembly is
attached to the base of the saw by, for example, a screw (see
claim 37).
Appealed claims 36, 37 and 39-42 stand rejected under
35 U.S.C. § 102(b) as being anticipated by Bergler. The appealed
claims also stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Bergler.
Appellants have not separately grouped the claims on appeal.
Accordingly, all the appealed claims separately rejected by the
examiner stand or fall together with claim 36. In re McDaniel,
293 F.3d 1379, 1383, 63 USPQ2d 1462, 1465 (Fed. Cir. 2002).
We have thoroughly reviewed each of appellants' arguments
for patentability. However, we find ourselves in complete
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