Ex parte FISCHETTI et al. - Page 8




          Appeal No. 97-0933                                                          
          Application No. 08/200,118                                                  


          on a stem.  Be that as it may, it is our view that Bolesky                  
          fails to alleviate the shortcoming we have pointed out above                
          in Slamin, namely, the lack of an offset attaching bolt.                    
               Claims 4 through 7 are dependent from claim 1, and stand               
          rejected as being unpatentable over Slamin.  Again, the                     
          failure of Slamin to disclose or teach the required offset                  
          bolt recited in independent claim 1 rears its head.  It is our              
          opinion that this rejection fails at the outset on that                     
          ground, for lacking the required offset teaching Slamin fails               
          to establish a prima facie case of obviousness with regard to               
          the subject matter of independent claim 1 which, of course,                 
          forms a part of dependent claims 4-7.                                       
               The rejection of claims 4-7 is not sustained.                          




                                       SUMMARY                                        
               None of the rejections are sustained.                                  
               The decision of the examiner is reversed.                              


                                      REVERSED                                        


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