Appeal 2007-1463 Page 17
Application 10/083,492
with a diameter 9 substantially equal to the diameter of the threaded portion
of a screw 1. The screw is sized, relative to the plate hole, to be forcibly
screwed through the plate hole, thereby allowing the screw head and
threaded portion to interact with the plate hole to retain the screw on the
plate when assembled. Also, the plate may be made of either plastic or metal
and has a thickness of between 0.1 mm and 1.0 mm.
Answer 7.
5. The Appeal Brief argues that the claimed retaining assembly contains one
and only one plate. Br. 13-19.
6. Claim 1 describes the plate as follows: “the assembly further comprising a
single plate”.
C. Principles of Law
“Section 103 forbids issuance of a patent when ‘the differences between the
subject matter sought to be patented and the prior art are such that the subject
matter as a whole would have been obvious at the time the invention was made to a
person having ordinary skill in the art to which said subject matter pertains.’” KSR
Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1734, 82 USPQ2d 1385, 1391 (2007).
The question of obviousness is resolved on the basis of underlying factual
determinations including (1) the scope and content of the prior art, (2) any
differences between the claimed subject matter and the prior art, and (3) the level
of skill in the art. Graham v. John Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459,
467 (1966). See also KSR, 127 S.Ct. at 1734, 82 USPQ2d at 1391 (“While the
sequence of these questions might be reordered in any particular case, the
[Graham] factors continue to define the inquiry that controls.”) The Court in
Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: September 9, 2013