Ex Parte Lang et al - Page 2



            Appeal 2007-1195                                                                                 
            Application 10/381,340                                                                           
                   The Appellants’ claimed invention is to a flat chisel for working stone                   
            (Specification 1:3-6).  The object of the invention is to develop a flat chisel that             
            has a low tendency to jam in the stone being worked (Specification 1:19-21).                     
            Claim 1, reproduced below, is representative of the subject matter on appeal.                    
                         1. An insertion chisel for power-driven hammers for                                 
                         working stone comprising:                                                           
                                a chisel head having a main lip disposed                                     
                         transversely to a chisel longitudinal axis, a front and a                           
                         rear striking face, and at least one side face connecting                           
                         the striking faces; and                                                             
                                a shank attached to the chisel head having means                             
                         for attaching the insertion chisel to a power-driven                                
                         hammer;                                                                             
                                wherein the side face includes a side lip and the                            
                         side lip prevents the tendency of the insertion chisel to                           
                         jam in the stone while the power-driven hammer causes                               
                         the insertion chisel to work the stone.                                             

                                            THE REJECTIONS                                                   
                   The Examiner relies upon the following as evidence of unpatentability:                    
                    Jenny                    EP 0 497 307 A2                Aug. 5, 1992                     
                    Hauptmann (as            EP 0 925 881 A1                Jun. 30, 1999                    
                    translated)1                                                                             
                   The following rejections are before us for review:                                        
                1. Claims 1-3, 5 and 7 stand rejected under 35 U.S.C. § 102(b) as anticipated                
                   by Jenny.                                                                                 
                                                                                                            
            1 The Examiner refers to the Hauptman disclosure as Batliner throughout.                         
                                                     2                                                       



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