Ex Parte Bollinger - Page 5




          Appeal No. 2004-0106                                                        
          Application 09/907,974                                                      


          for alternatively engaging hexagonal fasteners (e.g., nuts,                 
          bolts, etc.) of different size.  In the examiner’s view,                    
               if one skilled in the art needed to engage a workpiece                 
               that is hexagonal in shape, the shape of that end of                   
               the socket must also be hexagonal.  Thus the suggestion                
               or motivation . . . is that one skilled in the art                     
               would clearly be lead [sic] to make the single cavity                  
               of Jarvis of a hexagonal shape if the workpiece were                   
               also similarly shaped.  It would not be desirable or                   
               even feasible for a person using the Jarvis socket to                  
               engage anything but a rectangularly shaped workpiece,                  
               however with the suggestion provided by the Rexford and                
               Hsiao patents, this person skilled in the art would be                 
               lead [sic] to make the proposed modification so that a                 
               hexagonally shaped workpiece can be operated upon                      
               [answer, page 5].                                                      
               This proposed modification of Jarvis in view of either                 
          Rexford or Hsiao is unsound.  As disclosed, the Jarvis adapter              
          505 is an intermediate drive element designed to be connected at            
          either end to mating drive elements.  Because the connections               
          between such drive elements are conventionally rectangular as               
          evidenced by Jarvis’ disclosure, so too are the cavities in the             
          ends of adapter 505.  In contrast, the hexagonal cavities in the            
          socket members disclosed by Rexford and Hsiao are configured to             
          engage hexagonal fasteners rather than drive elements.  They                
          correspond to the open-ended sockets described by Jarvis for                
          application to bolts and nuts.  The only suggestion for modifying           
          the rectangular drive cavity in Jarvis’ adapter 505 in view of              


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