Appeal 2007-1463 Page 16
Application 10/083,492
2. The Examiner found that Keller discloses
an assembly for retaining a boot on a sports apparatus. See figure 3; column
2, lines 44-50; and column 4, lines 6-29. The assembly has a disk 1 that
retains a base 9 and is supported above a through opening of the base,
wherein the disk includes four elongated holes 10 that extend through a
thickness of the disk, are parallel to one another, are aligned in pairs, are
elongated in the same direction, and are across from one another. Also, two
generally rectangular plates 12 that are parallel to the disk and are housed in
a cavity 11 of the disk, wherein the cavity has a generally parallelepipedic
contour. Each plate includes two holes 13 extending through a thickness of
the plate and each plate slides along the length of the elongated holes. At
least two screws 8 extend through the elongated holes of the disk, the holes
of each plate, and into an upper surface of the sports apparatus.
Answer 6.
3. The Examiner found that Keller did not disclose
a retaining means, wherein the means is a plate hole with a diameter
substantially equal to the diameter of the threaded portion of the screw, and
the screw head and threaded portion interact with the plate hole to retain the
screw on the plate as discussed in paragraphs 0039 - 0043. Keller at al does
not disclose that the plate is made of plastic or metal. Keller et al. does not
disclose the precise thickness of the plate, although it appears to be between
0.1 mm and 1.0 mm based upon the proportions depicted in Figure 3. In
addition, the plate is not square with four holes spread to the four corners or
three holes arranged at vertices of a triangle, and the size and shape of one
plate is not different from the size and shape of the other plate.
Answer 6-7.
4. The Examiner found that Vitali discloses
the old and well known retaining means for retaining screws on a plate, and
teaches plate materials and thickness. See Figures 1-6 and column 3, lines
4-16, 23-29, 39-52, and 63-67. The retaining means includes a plate hole 7
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