Ex Parte Barbosa - Page 5




                 Appeal No. 2006-0045                                                                                                                                                 
                 Application No. 10/190,473                                                                                                                                           


                 pivot component corresponds to the ball stud portion 44 disclosed by Templeton and                                                                                   
                 the ball-end pin (or pin-member) recited in the appellant’s claims.  For purposes of the                                                                             
                 rejection, the examiner focuses on the embodiment illustrated by Buhl in Figures 3 and                                                                               
                 3a which is described as follows:                                                                                                                                    


                                   FIG. 3 shows a positive-locking connection between the edge                                                                                        
                          profile 9 on the [conical] shaft part 5 of the ball pivot 2 with a fluted or                                                                                
                          knurled area 13 on the circumference of the shaft part 5 of the ball pivot 2.                                                                               
                          Into the depressions of the area 13 the material of the undersized edge                                                                                     
                          profile 9 of the sealing cuff 7 penetrates.  This also brings about                                                                                         
                          positive-locking, firm connection between the edge profile 9 of the sealing                                                                                 
                          cuff 7 and the shaft part 5 of the ball pivot 2.  This firm connection can be                                                                               
                          supported by embedding a retaining ring 14 in the material of the edge                                                                                      
                          profile 9 of the sealing cuff 7 instead of an outer circumferential retaining                                                                               
                          ring 10.  The design of this positive-locking connection between the edge                                                                                   
                          profile 9 of the sealing cuff 7 and a fluted area 13 provided at the inner                                                                                  
                          end of the shaft part 5 of the ball pivot 2 is illustrated in FIG. 3a on an                                                                                 
                          enlarged scale compared with the scale of FIG. 3 [column 3, line 60,                                                                                        
                          through column 4, line 8].                                                                                                                                  
                          Combining Templeton and Buhl to reject claims 1 and 12, the examiner submits                                                                                
                 that it would have been obvious “to modify the Templeton [collar] orifice to be conical in                                                                           
                 shape and have protrusions mating with grooves on the ball-end pin, as taught                                                                                        
                 by Buhl, for the purpose of locking the flange to the shank” (answer, page 3).                                                                                       


                          This proposed modification of Templeton’s collar 13 and ball-end pin (stud                                                                                  
                 portion 44) in view of Buhl, however, is entirely inconsistent with the stated purposes of                                                                           
                 the collar.  More specifically, locking the collar to ball stud portion would appear to                                                                              
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