Ex parte MURRAY et al. - Page 3




         Appeal No. 96-4097                                                         
         Application 08/138,634                                                     


              The examiner's position with regard to this rejection is,             
         in essence, that it would have been obvious to modify the                  
         Wilson                                                                     


         apparatus to use a fastener as disclosed by Lalanne instead of             
         Wilson's conventional fastener (screw) 20.                                 
              Appellants argue that Lalanne is not relevant, i.e.,                  
         nonanalogous, prior art.  It is unnecessary to resolve this                
         question, however, for even if Lalanne is assumed to be                    
         analogous art, we do not consider that the claimed subject                 
         matter would have been obvious over the combination of Wilson              
         and Lalanne.                                                               
              If the fastener disclosed by Lalanne were substituted for             
         the connector 20 of Wilson by one of ordinary skill in the                 
         art, the resulting structure would not, in our view, meet the              
         limitations of the appealed claims.  Looking first at the                  
         device disclosed by Wilson, the apertured members 16, 26, do               
         not physically coact with the screw 20 to prevent it from                  
         being rotated, but simply block access to the screw head, so               
         that the screw cannot be removed.  Thus element 16 is fixed to             
         the device (object) 14 by the screw 20, and element 26 is a                
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