Ex Parte BIERMANN et al - Page 17




          Appeal No. 2001-0611                                                        
          Application No. 08/742,733                                                  


               Notwithstanding that appellants have directed that we may              
          treat claims 18-23 as a single group standing or falling                    
          together, we have elected to consider claims 21-23 separately.              
          Claims 21 and 23 require that the first and second pieces                   
          comprise a flute on the protruding member and a corresponding               
          fluted opening in the cavity.  Claim 22 requires that the                   
          protruding member and the cavity are complementarily tapered.               
          Because the reference evidence adduced by the examiner does not             
          disclose, teach, or suggest these claimed features, we shall not            
          sustain the standing rejection of claims 21-23 under 35 U.S.C.              
          § 103.                                                                      
          Summary                                                                     
               The rejection of claims 11-23, 43 and 44 under 35 U.S.C.               
          § 112, second paragraph, is affirmed.                                       
               The rejection of claims 11-17, 43 and 44 as being                      
          unpatentable over Moumene in view of Bokros is affirmed.                    
               The rejection of claims 26-33 as being unpatentable over               
          Goble, the rejection of claims 34-37 as being unpatentable over             
          Goble in view of Bokros, and the rejection of claims 38-42 as               
          being unpatentable over Goble in view of Moumene are reversed.              




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