Ex parte SHERMAN - Page 4




          Appeal No. 98-2755                                                          
          Application 08/048,969                                                      



                    We reverse the examiner’s rejection of claims 16                  
          through 18 under 35 U.S.C. § 103 as being unpatentable over                 
          Kalikow in view of Herve, for the reasons appearing below.                  


                    This panel of the board fully comprehends the exam-               
          iner’s assessment of the applied patents and the rationale                  
          relied upon for their combination under 35 U.S.C. § 103.  In                
          particular, we certainly appreciate that Herve discloses                    




          (Figs. 1, 3, and 4) interfacing apertures 8 and nuts 4 for                  
          mounting a brake booster to a firewall.  The difficulty,                    
          however, that we have with the proposed modification of the                 
          mounting device of Kalikow is that it clearly would have                    
          removed therefrom the consequential structure necessary for                 
          the                                                                         
          achievement of the patentee’s objective, i.e., the wedge-                   
          shaped flange lugs which exactly match wedge-shaped grooves to              
          best withstand engine vibration (column 3, lines 32 through                 
          36).    The importance of the lug and groove arrangement is                 

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