Ex Parte Achterberg et al - Page 10



          Appeal No. 2006-2406                                         Παγε 10                            
          Application No. 10/745,113                                                                      

          saws when not in use.  Specifically, we find that this disclosure                               
          of Bennett would have motivated an artisan to have placed a hook                                
          on the band saw of Dean, as advanced by the examiner.                                           

               We are not persuaded by appellants’ assertion (brief,                                      

          page 4) that Dean teaches away form supporting the saw off of the                               
          ground since the covers protect the saw when the saw is placed on                               
          the ground.  From our review of Dean, we find no disclosure, and                                
          none has been pointed to by appellants, relating to the covers                                  
          protecting the saw when it is placed on the ground.  Nor do we                                  
          find any mention of the saw being placed on the ground.  The                                    
          covers will protect the saw whether or not the saw is on the                                    
          ground.  Nor do we find in Dean any lack of desire to suspend the                               
          saw from a hook when not in use.  Rather, we find that supporting                               
          the saw from a hook when not in use and providing a high-impact                                 
          cover are both useable at the same time because even if the saw                                 
          has a supporting hook, it could still be dropped by a user.  In                                 
          addition, we note that even if dropped, the impact resistant                                    
          cover will serve to protect the internal components of the saw.                                 
          Because a portable saw would benefit from having both a support                                 
          hook and an impact resistant cover, we do not agree with                                        













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