Ex parte GRETZ et al. - Page 5




                 Appeal No. 1998-0432                                                                                     Page 5                        
                 Application No. 08/681,070                                                                                                             


                 invention.  See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d                                                                              
                 1596, 1598 (Fed. Cir. 1988) and In re Lintner, 458 F.2d 1013,                                                                          
                 1016, 173 USPQ 560, 562 (CCPA 1972).                                                                                                   


                          The rejection of claims 1 through 4 is based on the                                                                           
                 examiner's ascertainment (answer, p. 3) that "Burd discloses                                                                           
                 all of the recited structure with the exception of the threads                                                                         
                 being formed on the exterior end."                                                                                                     


                          With regard to this difference, the examiner determined                                                                       
                 (answer, pp. 3-5) that it would have been obvious to one                                                                               
                 skilled in the art to have modified the exterior end of Burd                                                                           
                 to have threads instead of Burd's sleeve to allow for a hose                                                                           
                 having interior threads as suggested by the teachings of                                                                               
                 Alexander.2                                                                                                                            


                          The appellants argue that the prior art as applied does                                                                       
                 not arrive at the claimed invention.  Specifically, the                                                                                
                 appellants argue (brief, p. 7) that Burd lacks "a generally                                                                            

                          2The specific teachings of Burd and Alexander relied upon                                                                     
                 by the examiner are set forth on pages 3-5 of the answer.                                                                              







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