Ex parte KORINEK - Page 3




                 Appeal No. 1998-0861                                                                                                                   
                 Application No. 08/542,231                                                                                                             

                          Claims 7 and 8 stand rejected under 35 U.S.C. § 103(a) as                                                                     
                 being unpatentable over Blaha in view of Williamson .                                       1                                          
                          Reference is made to the brief and the answer for the                                                                         
                 respective positions of the appellant and the examiner.                                                                                
                                                                     OPINION                                                                            
                          All of the claims on appeal require deformable polygonal-                                                                     
                 shaped elements on the outer surface of a twist-on connector                                                                           
                 that prevent a tool from applying excessive torque to the                                                                              
                 twist-on connector.  The examiner acknowledges (Answer, page                                                                           
                 4) that Swanson lacks such deformable polygonal-shaped                                                                                 
                 elements on the outer surface of the wire connector 10.  The                                                                           
                 polygonal shape and the wings alluded to by the examiner                                                                               
                 (Answer, page 4) are on the inner surface of the Swanson                                                                               
                 connector (Figure 5, element 28; Figure 4, element 24), and                                                                            
                 they are not deformable upon application of torque by a tool.                                                                          
                 Swanson discloses ribs 12a and 12b (Figures 1 and 2) on the                                                                            
                 outer surface of the connector that function as “torque                                                                                


                          1Inasmuch as claims 7 and 8 depend from independent claim                                                                     
                 1, a proper rejection under 35 U.S.C. § 103(a) must include                                                                            
                 Swanson in the combined teachings of Blaha and Williamson.                                                                             
                 For this reason, we will review this rejection as if Swanson                                                                           
                 was included in the combined teachings applied by the                                                                                  
                 examiner.                                                                                                                              
                                                                           3                                                                            





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