Appeal 2007-1748
Application 10/679,908
Smith, III (Smith) US 5,015,016 May 14, 1991
The following rejection is before us for review.
1. Claims l-9 stand rejected under 35 U.S.C. § 102(b) as being anticipated by
Smith.
ISSUE
The anticipation issues before us depend on whether Appellant has shown
that the Examiner erred in rejecting claims 1-9 under 35 U.S.C. § 102(b) as
anticipated by Smith.
The first anticipation issue turns on whether Smith expressly or inherently
discloses a “tail”.
The second anticipation issue turns on whether Smith expressly or inherently
discloses a substantially rigid positioning member in contact with the inner bore of
a manifold plate when the tail is inserted through the manifold plate.
The third anticipation issue before us is whether Smith expressly or
inherently discloses a retaining ring to connect to the tail to the manifold plate.
FINDINGS OF FACT
We find the following facts by a preponderance of the evidence:
Smith discloses a male element 13 having a tail defined by a cylindrical wall
74, the outer diameter of which is correspondingly sized relative to the diameter of
an inner bore 61 in a sleeve member 22 of a female member 14 to thereby allow
the male member to be inserted into the bore 61 (Smith, col. 7, ll. 30-34).
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