Appeal No. 97-3297
Application 08/390,973
Thus, we agree with the appellants that Nix fails to
disclose or teach the required “continuous molded together
construction” required by the claims.
With regard to the claim requirement that there be “a
frangible web molded integral in connection between the bushing
portion and the lever,” the examiner again sets forth alternative
theories, which emerge from the following statement:
Assuming arguendo that it would be
unreasonable in Nix '878 to conclude broadly
that there is a frangible web portion at a
reduced section . . . . [i]t would have been
obvious . . . to Modify Nix '878 in view of
McClure '417 in order to sever a part of the
bushing in order to indicate unauthorized
tampering” (Answer, page 4).
This recitation, considered with the other comments of the
examiner on this subject, would seem to indicate first that the
examiner believes feet 22 of the Nix bushing, which engage the
groove in the installed control rod, are frangible portions, and
second, that in any event to do so would have been obvious in
view of McClure. The first theory is not supported by the Nix
disclosure in that Nix does not explicitly establish that the
feet are frangible, and that the reference discloses removing the
rod and the bushing together, if need be (column 7, lines 35-41),
with no thought given to fracturing any of the components. With
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