Ex parte PAUL A. HUMMEL - Page 8




          Appeal No. 96-2653                                                          
          Application No. 08/395,681                                                  


          initially underlying the cylindrical portion of the sleeve but              
          movable radially outwardly upon axial advancement of the sleeve             
          relative to the elastomeric element to lock the grommet in the              
          aperture in the workpiece is not met by either Stewart's grommet            
          or the modified grommet.  While both Stewart's grommet and the              
          modified grommet would have an inwardly extending flange (see               
          skirt 11 shown in Schmitt's Figure 1), the inwardly extending               
          flange is movable outwardly to the position shown in Schmitt's              
          Figure 2 only when the bolt 14 is tightened thereby forcing                 
          washer 15 to engage the outer end of the skirt 11 and compress it           
          axially toward surface 7.   Thus, the inwardly extending flange             
          is not movable radially outwardly upon axial advancement of the             
          sleeve relative to the elastomeric element.                                 


               Since all the limitations of independent claim 1 are not               
          taught or suggested by the applied prior art, the examiner has              
          failed to meet the initial burden of presenting a prima facie               
          case of obviousness.  Thus, we cannot sustain the examiner's                
          rejection of appealed claim 1, and dependent claim 2, under                 
          35 U.S.C.  103 as being unpatentable over Schmitt in view of               
          Stewart.                                                                    



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