Ex parte HERBERMANN - Page 13




          Appeal No. 97-2999                                        Page 13           
          Application No. 08/338,714                                                  


          Claims 33 and 35 through 40                                                 
               We do not sustain the rejection of claims 33 and 35                    
          through 40 under 35 U.S.C. § 103.                                           


               Independent claims 33 recites "a clamp tightened to have               
          surfaces moving radially inwardly to lock said female locking               
          portion on said male ball."  Independent claims 36 recites "a               
          clamp tightened to have surfaces moving radially inwardly to                
          lock said female locking structure on said male ball."                      


               With respect to the above-noted limitations, the examiner              
          concluded (answer, p. 10) that due to the geometry of                       
          Kujawski's spherical ball 20, "the surface 30 would inherently              
          move radially inward as the clamp 27 is screwed onto the                    
          threaded element 25."                                                       


               The appellant (reply brief, pp. 2-3) does not agree with               
          the examiner's "inherent" interpretation of movement.  The                  
          appellant believes that as Kujawski's clamp 27 is screwed onto              
          the threaded element 25, the surface 30 would be moved                      









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