Ex Parte Somers - Page 3



          Appeal No. 2006-0054                                                                          
          Application No. 10/007,189                                                                    

                                    THE PRIOR ART                                                       
               The references relied on by the examiner to support the final                            
          rejection are:                                                                                
          Gadberry                  1,478,736           Dec. 25, 1923                                   
          Bellows                   1,584,208           May  11, 1926                                   
          Martinez                  4,807,499           Feb. 28, 1989                                   
          Jarvis                    6,092,441           Jul. 25, 2000                                   
                                    THE REJECTION                                                       
               Claims 8-13, 15 and 16 stand rejected under 35 U.S.C.                                    
          § 103(a) as being unpatentable over Jarvis or Martinez in view of                             
          either Gadberry or Bellows.  According to the examiner,                                       
                    Jarvis or Martinez shows the claimed invention                                      
               except for the use of a socket portion in both “socket                                   
               forming and driver receiving pads”[ ]1 that has two                                      
               different size apertures in each.  Either Gadberry or                                    
               Bellows suggests that a driver can have such a double                                    
               aperture socket so that the drive receiving aperture is                                  
               the inner aperture.  It would therefore be obvious to one                                
               skilled in the art at the time the invention was made to                                 
               modify Jarvis or Martinez by using a socket portion                                      
               having two apertures per socket portion because either                                   
               Gadberry or Bellows suggests the use of such a double                                    
               aperture socket in a single tool [answer, page 3].                                       
                                                                                                       
               1  The appealed claims do not include this terminology.  In a paper filed August 26, 2003, the
          appellant amended the claims to refer instead to left and right external driver member means-receiving
          parts.                                                                                        





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