Appeal Number: 2006-0965
Application Number: 10/827,051
examiner's proposed modification. Appellants assert (Brief, p. 11) that in an earlier
application, another examiner found that Buchler lacks removable stop blocks.
Appellants additionally assert (id.) that in Buchler, the reference to the frame
clamp of the invention as having a closed, rectangular "flat frame to hold a
workpiece with precision without play or stress," relates to the holding of a flat
object. It is argued (id.) that this portion of Buchler relied upon by the examiner
addresses a far more specific workpiece.
It is further asserted (Brief p. 12) that the references teach away from each
other because Buchler uses a flat workpiece whereas Yates relates to a pipe. It is
argued that the directly opposing nature of the workpieces would discourage an
artisan from combining Yates and Buchler. Appellants further note (id.) that
“Buchler specifies that open clamp frames and specifically vises-are incapable of
holding a workpiece without play or slack, thereby frustrating the need for high-
precision positioning (Buchler at col. 1, ll. 9-23).” From Buchler's disclosure of a
closed frame clamp that allows no play, appellants argue (Brief p. 13) that an
artisan, having Yates' clamp in mind, would view Buchler's closed clamp as unduly
limiting the size of the workpiece that could be accommodated.
It is further argued (Brief, pp. 13-14) that an artisan would understand the
generally elongated configuration of pipes and that the pipes would extend beyond
the sides of Yates' vice, and that to block the sides of the vice of Yates would
unduly limit the length of pipes that Yates could accommodate.
The examiner responds (Answer p. 6) that Buchler employs removable
interchangeable stop blocks in figures 3 and 4, and that “any combination of
Buchler and Yates would render applicant’s claims obvious under 35 USC 103.”
From our review of the record, we find that Yates discloses (p. 1, ll. 60-62,
68-72, and 101 through p. 2, l. 1) that
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