Ex parte CAPPELLOTTO - Page 4




          Appeal No. 1999-1534                                       Page 4           
          Application No. 08/799,210                                                  


          5, mailed March 6, 1998) and the examiner's answer (Paper No.               
          13, mailed January 19, 1999) for the examiner's complete                    
          reasoning in support of the rejection, and to the appellant's               
          brief (Paper No. 12, filed November 5, 1998) for the                        
          appellant's arguments thereagainst.                                         


                                       OPINION                                        
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellant and the                   
          examiner.  As a consequence of our review, we make the                      
          determinations which follow.                                                


          Claim 1                                                                     
               We sustain the rejection of claim 1 under 35 U.S.C. §                  
          103.                                                                        


               Claim 1 reads as follows:                                              
                    A spoke nipple comprising a body of substantially                 
               undeformable metallic material with a head and a shank                 
               which have an at least partially threaded axial hole for               







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