Ex parte WINNER - Page 24




          Appeal No. 97-3194                                        Page 24           
          Application No. 08/442,816                                                  


          Lipschutz absent impermissible hindsight.  We do not agree.                 
          Lipschutz specifically teaches that bellows 33 is provided to               
          ensure the protection for portion A (i.e., threaded shaft 17)               
          and to prevent the user from being in contact with the shaft                
          17.  It is our opinion that Lipschutz does provide the                      
          necessary teaching, reason, suggestion, and motivation to                   
          provide an expandable protective sleeve around the notched                  
          locking rod of Damon to protect the locking notches from dirt               
          and debris and to prevent the user from contacting the notched              
          locking rod in a manner suggested and taught by Lipschutz.                  


               With respect to claim 17, the appellant argues (brief, p.              
          26) it is not obvious to modify Damon to provide the specific               
          ratchet teeth as claimed.  We do not agree.  The claimed                    
          ratchet teeth including "a flat stop surface" and "a second                 
          surface sloping inwardly toward the rod axis from the radially              
          outer edge of the stop surface" read on Damon's teeth 2.                    
          Thus, there is no need to modify Damon to provide the specific              
          ratchet teeth as claimed.                                                   










Page:  Previous  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  Next 

Last modified: November 3, 2007