Appeal No. 1999-0193
Application 08/552,174
The examiner’s contention (see page 5 in the answer) that
Wilfert and Noggle would have suggested keeping the free rim
of Wilfert’s clip part (cup-like members 8) directly against
the light sheet metal component (sheet metal panel 1)
notwithstanding
the addition of the adhesive rests on hindsight reasoning
having no factual support in the fair teachings of these two
references. Poupitch, the examiner’s third reference, does
not cure this deficiency or the one embodied by the lack of
raised/offset portions on Wilfert’s clip part.
Poupitch discloses a fastener unit 10 comprising a headed
stud 12 and a washer 14 for joining a pair of sheets 22 and 24
(see Figures 1, 2 and 5). The washer 14 includes an annular,
outwardly flared body portion 34 having an outer margin or rim
for bearing against sheet 22 and a plurality of inner, axially
inclined prongs 36 for receiving the head of the stud.
Assuming for the sake of argument that Poupitch is
analogous art (the appellants urge that it is not), there is
simply nothing therein which justifies the examiner’s
conclusion (see page 6 in the answer) that it would have been
obvious to apply Poupitch’s washer configuration to Wilfert’s
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