Ex Parte Takebe et al - Page 6




             Appeal No. 2005-1227                                                          Page 6              
             Application No. 10/099,321                                                                        


             art to provide a change in torque in response to a monitoring point based on a change             
             in angular velocity for the purpose of ensuring that an object is adequately closed and           
             tightened to prevent spillage” (answer, page 4), one of ordinary skill in the art would           
             have inferred from a reading of the Spatz patent that Spatz’s rotation of the screw               
             closure a predetermined angle of rotation W after a predetermined application moment              
             M1 has been reached is intended to ensure adequate tightening.  Accordingly, it is not            
             apparent to us, and the examiner has not adequately explained, why one of ordinary                
             skill in the art would have been motivated to modify Spatz’s method so as to apply a              
             torque insufficient to overcome the resistance to rotation without slowing the rotation           
             and to use the rotational speed as a transition point to begin monitoring the angle of            
             rotation.                                                                                         
                                                CONCLUSION                                                     
                   To summarize, the decision of the examiner to reject claims 6-8 is affirmed as to           
             claims 6 and 7 and reversed as to claim 8.                                                        


















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