Ex parte WALMSLEY - Page 9




          Appeal No. 97-4247                                                          
          Application No. 08/190,618                                                  


          the purpose of allowing the balls to be moved axially by the                
          shoulder (24) of the advancing male member into a location                  
          where they can be radially displaced into a recess (13), to                 
          allow the shoulder to pass.  Thereafter, the balls move                     
          radially inwardly to seat in the annular groove (2) in the                  
          male member, to lock it in place.  When gripping the male                   
          members, the balls cannot adopt differing radial and axial                  
          positions with respect to one another; they all are seated in               
          the groove in identical radial and axial positions.                         
               The mere fact that the prior art structure could be                    
          modified does not make such a modification obvious unless the               
          prior art suggests the desirability of doing so.  See In re                 
          Gordon, 733 F.2d 900, 902, 221 USPQ 1125, 1127 (Fed. Cir.                   
          1984).  We fail to perceive any teaching, suggestion or                     
          incentive in the applied references which would have led one                
          of ordinary skill in the art to modify the devices of Dillon                
          or Atlas by replacing the round apertures with ones shaped to               
          allow both radial and axial movement.  In our opinion, the                  
          only suggestion for making such a modification is found in the              
          luxury of first viewing the appellant’s disclosure.  This, of               


                                          9                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007