Ex parte WILL - Page 5




          Appeal No. 96-0561                                                          
          Application 08/055,584                                                      



          relative to one another in the manner set forth in appellant's              
          claim 1 on appeal and also are capable of operation in the manner           
          set forth in claim 1.  In addition, Hirmer discloses an axially             
          extending expander member (9) slidable between and against the              


          inner surfaces of the deflectable members (3) and effective to              
          move the second ends of the deflectable members away from one               
          another so that the outer surfaces of the deflectable members are           
          forced against the surface defining a passage in a work piece               
          through which the members (3) extend.  As to claim 7, the                   
          deflectable members (3) of Hirmer are connected to a threaded               
          body portion (1) of the expansion body, and that body portion               
          includes a guide passage means therethrough for guiding the                 
          expander member (9) in relation to the first and second members             
          (3) when the expander member slidably moves in said guide passage           
          means.  Contrary to appellant's arguments, we consider that the             
          conically tapered tip portion (10) of the expander member in                
          Hirmer would have been viewed by one of ordinary skill in the art           
          as having a "wedge-like configuration."                                     


                    With respect to the above determinations, we observe              
          that the law of anticipation does not require that the reference            
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