Ex parte AUSTIN et al. - Page 16




          Appeal No. 97-1439                                        Page 16           
          Application No. 08/417,981                                                  


               Claim 15 recites a system for adjusting the height of a                
          rotatable post.  The system comprises, inter alia, an upright               
          tubular bottom post, an upright top post having a plurality of              
          outer grooves, an expandable stop ring, and a keeper.  The                  
          expandable stop ring and the keeper are arranged and constructed            
          of materials having sufficiently low coefficients of friction so            
          as to facilitate relative rotation of the top post and stop ring            
          with the bottom post.                                                       


               The examiner determined (answer, pp. 4-5) that the tubes 1             
          and 3 of Namur can be rotated using the proper amount of torque             
          and that the material of Namur's locking ring 7 and keeper ring             
          13 do have a low enough coefficient of friction to allow rotation           
          at a proper torque level.                                                   


               We agree with the appellants' argument (brief, p. 8) that              
          the materials used in  Namur's locking ring 7 and keeper ring 13            
          do not have a coefficient of friction so as to facilitate                   
          relative rotation of the tubes 1 and 3.  In our opinion, the                
          coefficient of friction between Namur's locking ring 7 and the              
          keeper ring 13 would restrain, not facilitate relative rotation             
          of the tubes 1 and 3 due to the firm watertight contact between             








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