Appeal No. 98-1199
Application 08/380,112
cutting edge” (brief, pages 4 and 5).
We find that the Lemke patent teaches (column 3, line 46
to column 4, line 4) a hole 42 pre-drilled through membrane
18, insulation 16 and roof deck 20. Nut 12 is retained on tip
portion 50 of bolt 14 so that the entire assembly 10 may be
inserted through the pre-drilled hole 42. With the nut 12 in
the hole in deck 20, a tool is utilized to rotate bolt 14 in a
clockwise direction causing lower leg portions 41 to flare
slightly and enhance the frictional fit between nut 12 and
hole 42. The continued rotation of the bolt causes further
outward flaring of lower legs 41 which prevents removal of nut
12 and provides the entire assembly 10 with superior holding
power. As explained by the patentee (column 3, lines 1
through 3), the use of resilient material in the manufacture
of nut 12 combined with slots 28 allows legs 26 to resiliently
move outwardly on experiencing the necessary force.
Based upon our above findings relative to the overall
teaching of the Lemke reference, it is quite apparent to us
that one versed in the art would not have understood the
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