Ex parte WALTERS - Page 4




          Appeal No. 2000-2025                                                        
          Application 08/953,878                                                      


               prevent the unwanted bolt rotation.                                    
                    Alternatively, page 1, lines 14-29 of Harris                      
               demonstrate that it is known to prevent unwanted bolt                  
               rotation by providing the shank of a bolt with a square                
               cross-section that is forced into an opening of a                      
               circular cross-section, whereby the bolt becomes anchored              
               in the hole.  Accordingly, in view of this portion of                  
               Harris one would have found it obvious to substitute such              
               bolt-nut arrangement for the bolt (39) of Heth, in order               
               to provide for a more secure connection between the                    
               fluter [sic] and the core member.                                      
                    And in view of Crigger one would have found it                    
               obvious to use a ribbed shank in place of Harris square                
               shank, since each would result in preventing the unwanted              
               bolt rotation.                                                         
               After fully considering the record in light of the                     
          arguments presented in appellant’s supplemental appeal brief                
          and reply brief, and in the examiner’s answer, we conclude                  
          that the rejection is not well taken.                                       
               It is well settled that                                                
               Obviousness cannot be established by combining the                     
               teachings of the prior art to produce the claimed                      
               invention, absent some teaching or suggestion supporting               
               the combination.  Under section 103, teachings of                      
               references can be combined only if there is some                       
               suggestion or incentive to do so.                                      
          ACS Hospital Sys., Inc. v. Montefiore Hospital, 732 F.2d 1572,              
          1577, 221 USPQ 929, 933 (Fed. Cir. 1984).  In the present                   
          case, we do not consider that Harris and/or Crigger would have              

                                          4                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007