Ex Parte Klein et al - Page 6



          Appeal No. 2006-0366                                                        
          Application 10/382,285                                                      

          and 16 for adjusting the axial position of the attaching section            
          relative to the top end of sub-section 16.  In use,                         
                    . . . the tool is first adjusted for the height of                
               the ceiling to which the element, such as bolt B, is to be             
               mounted.  This is achieved by moving housing section 16                
               with respect to housing section 14 . . .  .  Threaded rod              
               62 is then rotated to move it into or out of the housing               
               section 12 as required to match the ceiling height.  The               
               rod coupling element 22 is threadably mounted on the rod               
               and seated in end bore 50.  The . . . bolt is threadably               
               attached to the rod coupling element 22.                               
                    The element 18 is secured to a driving end of a power             
               tool, such as a common hand-held power drill, and the bolt             
               B positioned as required on the ceiling.  The power drill              
               is then activated, which will rotate the housing and the               
               remainder of the tool about the longitudinal axis thereof              
               in direction 23'.  This rotation will drive the bolt into              
               the ceiling.  After the bolt is set into the ceiling, the              
               power tool can be set on reverse and activated to rotate               
               in direction 23".  This will back the tool off of the bolt             
               by unscrewing the coupling element 22 from the bolt.  The              
               bolt will be engaged with the ceiling with a greater                   
               degree of frictional fit than with the coupling element 22             
               so the unscrewing motion will not remove the bolt from the             
               ceiling but will remove the tool from the bolt [column 4,              
               lines 40-65]                                                           
               As disclosed, O’s tool 10 does not respond to the limitations          
          in independent claim 1, or the corresponding limitations in                 
          independent claim 8, requiring the first end of the elongated hollow        
          tub member to be (1) adapted to receive and removably secure a drill        
          bit with the bit projecting from the end of the tube member, and (2)        
          further adapted to receive and removably secure the head of an              
          anchor with a rod member projecting therefrom into the hollow tube          
                                            6                                         




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