Appeal No. 97-3297
Application 08/390,973
regard to the second theory, McClure discloses a tamper-
indicating seal having a necked portion which fractures if an
attempt is made to remove the seal. We fail to perceive any
teaching, suggestion or incentive in either Nix or McClure which
would have led one of ordinary skill in the art to provide the
feet in the Nix device with a frangible portion. To do so would
be unnecessary in view of the fact that Nix already provides for
the rod and the bushing to be removed together in another manner.
It therefore is our conclusion that the combined teachings of Nix
and McClure fail to establish a prima facie case of obviousness
with regard to the subject matter of the three claims. This
being the case, the rejection cannot be sustained.
The decision of the examiner is reversed.
REVERSED
NEAL E. ABRAMS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
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