Ex Parte Pazdirek - Page 13



             Appeal 2007-1914                                                                                  
             Application 10/378,641                                                                            


             Rejection of claims 43, 48-51, 54-58, 65, and 66 as unpatentable over Nickerson                   
             and Schwartz                                                                                      
                   Independent claims 43 and 58 both include the limitation of “first and                      
             second sleeve nuts threaded onto the stud shaft.”  The Examiner relied on                         
             Nickerson for the disclosure of the invention of claims 43 and 58, except for the                 
             claimed second sleeve nut threaded onto the stud shaft and a grommet seated on                    
             the second sleeve nut (Answer 9).  The Examiner found that “it is known in the art                
             to provide a stud shaft 64 having a threaded section 66, first and second sleeve nuts             
             88, 90 threaded onto the stud shaft, [and] a grommet 72 seated on each of the                     
             sleeve nuts” (Id.).  The Examiner held that it would have been obvious to one                     
             having ordinary skill in the art at the time the invention was made to modify the                 
             link assembly of Nickerson according to the teachings of Schwartz so that the stud                
             shaft 41 has a threaded section at each end, a second sleeve nut 33 is threaded onto              
             the second end, and the grommet 27 is seated on the second sleeve nut, in order to                
             facilitate assembly (Answer 9-10).                                                                
                   The Appellant argues that neither Nickerson nor Schwartz 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).                                               
                   As we found supra, Nickerson discloses a sleeve nut threaded onto the                       
             threaded end of the stud shaft (Finding of Fact 9).  Thus, the Appellant’s argument               
             has failed to persuade us of error in the Examiner’s rejection.  As such, we sustain              
             the Examiner’s rejection of independent claims 43 and 58.  The Appellant has not                  

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