Ex Parte Meredith et al - Page 3



             Appeal No. 2006-1915                                                                              
             Application No. 10/056,312                                                                        

                          angle between the blade and the table being about 45                                 
                          degrees;                                                                             
                                wherein a distance between the second portion and                              
                          at least one of the base assembly and the table is smaller                           
                          than a distance between the first portion and the at least                           
                          one of the base assembly and the table when the saw                                  
                          assembly is in the second position.                                                  

                                             THE EVIDENCE                                                      
                   The examiner relies upon the following as evidence of unpatentability:                      
             Ushiwata    US 5,425,294  Jun.  20, 1995                                                          
             Tsune     US 5,974,927  Nov. 02, 1999                                                             

                                             THE REJECTION                                                     
                   The appellants seek review of the examiner’s rejection of claim 1 under                     
             35 U.S.C. § 103(a) as being unpatentable over Ushiwata in view of Tsune.                          
                   The examiner reasons in support of the rejections in the examiner's answer                  
             (mailed September 22, 2005) and the supplemental examiner's answer (mailed                        
             January 25, 2006).   The appellants present opposing views in the appellants’ brief               
             (filed June 24, 2005), reply brief (filed November 10, 2005), and second reply brief              
             (filed February 13, 2006).                                                                        

                                                  OPINION                                                      
                   Ushiwata discloses a desk-top cutting machine.  Ushiwata’s cutting machine                  
             includes a support member 3 secured on base 1 for supporting a workpiece 16, a                    
             saw shaft 9, a circular saw 10, a motor 11 for rotating the saw, and a transmission               
                                                      3                                                        



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