Appeal Number: 2006-0965
Application Number: 10/827,051
have another shape, for example, a triangular cross section. In addition, figures 6
and 7 show, (unlabeled) the two stop blocks to have different shapes. From this
disclosure of Buchler, we find a suggestion of having substitutable stop blocks
between the workpiece and the back wall. In any event, from the disclosure of
Yates of having substitutable jaw faces of different sizes (p. 2, ll. 1-4), and the
disclosure of different shapes for the stop members in Buchler, we find that an
artisan would have been motivated to provide Buchler with interchangeable stop
blocks between the back member and the workpiece.
We are not persuaded by appellants' assertion that Buchler lacks removable
stop blocks because to use a stop block of another shape, it would have been
obvious to replace the stop block with a stop block of another shape. Nor are we
persuaded by appellants' assertion (Brief p. 12) that Buchler emphasizes a flat
workpiece while Yates clamps a curved workpiece, such as a pipe, because in
Buchler, the flat surface appears to be the top, and not the sides. Buchler (col. 3, ll.
55-56) specifically discloses that the flat workpiece W can have an irregular or
curved contour.
From all of the above, we find that the combined teachings of Yates and
Buchler would have suggested to an artisan the invention of claims 33 and 34.
The rejection of claims 33 and 34 under 35 U.S.C. § 103(a) is sustained. However,
because we have relied on different portions of the prior art than the examiner, as
well as a different rationale, we designate our affirmance as a New Ground of
Rejection under the provisions of 37 CFR § 41.50(b).
In addition, we enter a New Ground of Rejection of claims 24 and 25 under
35 U.S.C. § 103(a) as being unpatentable over the combined teachings and
suggestions of Buchler and Yates. We make reference to our claim construction of
claim 24, supra. We reject claims 24 and 25 under 35 U.S.C. § 103(a) for the
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