Appeal No. 98-1038
Application 08/438,512
therein may be varied considerably from the specified 13/32
inch length depending on the end use application. The
examiner has failed to point out, however, nor is it apparent,
where Bone '854 indicates any end use application suggestive
of the "approximately 0.1 inch" cross bar length required by
claim 1. In this regard, Bone '854 certainly does not
contemplate the fastener withdrawal/tampering problem
addressed by the appellant or the recited cross bar solution
thereto. Thus, Bone '854 does not provide the factual basis
necessary to support the examiner's determination that the
subject matter recited in claim 1, and in claim 2 which
depends therefrom, would have been obvious within the meaning
of § 103. Bone '666, applied in combination with Bone '854 to
reject dependent claim 7, does not overcome this deficiency in
the primary reference.
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