Ex Parte USHIWATA et al - Page 9



          Appeal No. 2006-2116                                                        
          Application No. 08/879,517                                                  

          both appellant’s patent and Ito are concerned (Ushiwata et al.,             
          U.S. Patent 5,425,294, col. 1, l. 35-36; Ito et al., U.S. Patent            
          5,357,834, col. 1, l. 18-19)), all pertain to the particular                
          problem with which the inventor of the patented claims before us            
          was concerned.  The scope of the particular problem with which the          
          inventor of the patented claims before us was concerned is broadly          
          defined in the specification of appellant’s U.S. Patent 5,425,294           
          at col. 1, l. 22-33, as follows (emphasis added):                           
               When a workpiece is normally cut by the tilted saw assembly            
    10         . . . the angle of the desired tilt is usually 45 degrees.             
               However, the end . . . of a motor housing . . . comes into             
               contact with the top of [the] base . . . when the saw                  
               assembly . . . is tilted rightward by an angle of 20 to                
               30 degrees, as shown in FIG. 7.  For that reason, the                  
               workpiece cannot be cut at 45 degrees.  Therefore, to cut the          
               workpiece, the saw assembly . . . is tilted leftward, the              
               workpiece is cut at the left-hand end and then the workpiece           
               is flipped around and cut at the right-hand end.  This means           
               that the efficiency of the cutting work is very low.                   
    20                                                                                
                    To solve this problem . . . .                                     
               Appellant, Ito, Johnson, Ambrosio and Japanese Laid-Open               
          Utility Model Publication No. 63-49901/Japanese Utility Model               
          Application (OPI) No. 49901/88 cited in appellant’s patent                  
          specification, all sought solutions to substantially the same               
          problem, i.e., how to make compound angular cuts, including left            
          and right 45 degree angular cuts, on a workpiece without flipping           
                                          9                                           




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