Appeal 2007-2769
Application 09/929,242
proximity to the cutting device and one based on actual contact with the
cutting device. The prior art also recognizes advantages and disadvantages
with each of these systems. Friemann specifically states that the proximity
system is a disadvantage in some types of cutting, for it continually stops the
cutting machine. See col. 1, ll. 39-40. Thus, there is ample evidence for the
Examiner’s conclusion that some users prefer the rotation of the circular
blade be stopped when there is contact between the user and the circular
blade, because the user is inclined to guide or push the workpiece to areas
very close to the periphery of the circular saw. This enables the user to work
around the periphery of the circular saw with a higher degree of flexibility,
since the brake mechanism will not be actuated unless there is actual contact
between the user and the circular saw. Accordingly, we agree with the
examiner’s finding that a proximity system and a contact system are art
recognized equivalents and interchangeable based on known techniques in
the field of cutting machines. Therefore, the use of the contact system of
Friemann in the table saw of Hauer is seen to be a simple substitution of one
known element for another to obtain predictable results. Such a substitution
was likely to have been obvious to one of ordinary skill. See KSR at 1731,
82 USPQ2d at 1395.
Stated another way, there are a finite number of identified predictable
solutions to provide safety to the operator of a circular saw. One solution is
a proximity system and another solution is a contact system. Both of these
options are within the technical grasp of one of ordinary skill as shown by
the prior art. Accordingly, a table saw with a contact system is not the
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