Ex Parte Paduano - Page 3



          Appeal No. 2006-0026                                                                        
          Application No. 10/012,518                                                                  

                                    THE PRIOR ART                                                     
               The items relied on by the examiner to support the final                               
          rejection are:                                                                              
          Bellamy et al.             4,613,251          Sep. 23, 1986                                 
          (Bellamy)                                                                                   
          Schmidt et al.             6,413,003          Jul. 02, 2002                                 
          (Schmidt)                                                                                   
               The admission on page 2 of the appellant’s specification                               
          that                                                                                        
               the state of the art utilizes the oblong opening of the                                
               joint box, common in this type of construction where it                                
               is projected to the body of the ball type pin, in such a                               
               way that the narrowest side of the opening; namely, the                                
               side that allows smaller angularity in the movement of                                 
               the ball type pin, becomes coincident with the pin to                                  
               restrict the movement of the ball type pin.  This                                      
               arrangement prevents the bar from spinning around its                                  
               longitudinal axle [the admitted prior art].                                            
                                    THE REJECTION                                                     
               Claims 1, 3 and 5 stand rejected under 35 U.S.C. § 103(a) as                           
          being unpatentable over Bellamy in view of Schmidt and the admitted                         
          prior art.                                                                                  
               Attention is directed to the main and reply briefs (filed                              
          October 27, 2003 and April 12, 2004) and the final rejection and                            
          main and supplemental answers (mailed March 26, 2003, February 10,                          
          2004, May 27, 2004 and July 25, 2004) for the respective positions                          
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