Appeal No. 97-1153
Application 08/335,939
embodiment of Figs. 10 and 11 of Poitier fasteners in the form of
U-shaped stirrups extend from the opposite sides and in the
opposite directions from two spaced-apart generally rectangular
plates a (having round holes therein in order to accommodate the1
legs of the stirrups). By such an arrangement rod-like members
are clamped to opposite sides of the spaced-apart plates a . On1
the other hand, in the embodiment of Figs. 41 and 42 of Poitier
fasteners in the form of U-shaped stirrups extend from the same
side and in the same direction from a disc-like member (having
arcuate slots therein in order to accommodate the legs of the
stirrups). By such an arrangement rod-like members are clamped
to each other on the same side of the disc-like member. Thus,
Poitier in the embodiment of Figs. 10 and 11 and in the embodi-
ment of Figs. 41 and 42 discloses two entirely disparate and
distinct structures for clamping rod-like members together and,
in our view, the examiner has impermissibly relied on the
appellant’s own teachings for a suggestion to modify Poitier’s
embodiment of Figs. 10 and 11 in light of the embodiment of Figs.
41 and 42 in the manner proposed. Even if we were to agree with
the examiner that it would have been obvious to utilize separate
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