Ex Parte Pazdirek - Page 12



             Appeal 2007-1914                                                                                  
             Application 10/378,641                                                                            
             and we sustain the Examiner’s rejection of claim 81.  The Appellant did not set                   
             forth any further arguments for patentability of dependent claims 82, 83, and                     
             87-89.  As such, these claims fall with claim 81.  37 C.F.R. § 41.37(c)(1)(vii)                   
             (2006).                                                                                           

             Rejection of claims 16, 25, 34, 46, 71, and 77 as unpatentable over Schwartz and                  
             Rivard                                                                                            
                   Dependent claims 16, 25, 34, 46, 71, and 77 depend from independent                         
             claims 1, 23, 33, 43, and 70, and as such, all include the limitation of at least one             
             sleeve nut threaded onto a stud shaft.  The Examiner relied on Schwartz for the                   
             disclosure of the invention of claims 16, 25, 34, 46, 71, and 77, except for the                  
             claimed stop comprising a chamfer (Answer 8).  The Examiner relied on Rivard                      
             for the claimed stop (Id.).  The Appellant argues that neither Schwartz nor Rivard                
             teaches a sleeve nut and the Examiner’s interpretation of “sleeve nut” is overly                  
             broad because it ignores the word “sleeve” entirely (Appeal Br. 13).  We agree                    
             with the Appellant.                                                                               
                   As we found supra, a sleeve nut includes a sleeve portion and a head or nut                 
             end portion.  Both Schwartz and Rivard disclose a conventional hex nut (Findings                  
             of Fact 6, 11).  A conventional hex nut is not the same as the claimed sleeve nut                 
             because it does not include a sleeve portion (Findings of Fact 7, 12).  Thus, the                 
             combination of Schwartz and Rivard fails to disclose using a sleeve nut on a                      
             threaded end section of the stud shaft.  As such, we cannot sustain this rejection of             
             claims 16, 25, 34, 46, 71, and 77.                                                                

                                                      12                                                       



Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: September 9, 2013