Ex parte CAPPELLOTTO - Page 8




          Appeal No. 1999-1534                                       Page 8           
          Application No. 08/799,210                                                  


          (1) provided a self-threading insert at the head portion of                 
          Hillis' spoke nipple as suggested by Horling's insert 25 and                
          Sauer's collar 16 to prevent a spoke from loosening, and (2)                
          made the self-threading insert from nylon for the reasons                   
          suggested by Sauer's nylon collar 16.                                       


               The appellant argues (brief, pp. 4-7) that there is no                 
          suggestion or teaching in either Hillis or Horling which would              
          have led one skilled in the art "to provide a combination of a              
          spoke nipple having threads in the metallic body and an insert              
          into which a threaded spoke may be screwed."  This argument is              
          based upon the facts that (1) there is no teaching or                       
          suggestion in Hillis "of an insert of non-metallic material,"               
          and (2) "the axial hole [i.e., bore 17] extending through the               
          spoke nipple [of Horling] is not provided with any threads."                


               The fallacy with the appellant's argument is that it does              
          not consider the teachings of Sauer.  The rejection of claim 1              
          is based upon the combined teachings of Hillis, Horling and                 
          Sauer and not just the teachings of Hillis and Horling as                   
          argued by the appellant.  As noted previously, it is our                    







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