Appeal No. 98-1199
Application 08/380,112
structure of the fastener bolt of the Lemke reference as
including a self tapping screw point having a cutting edge, as
now claimed. This viewpoint is buttressed by Lemke’s
teaching, as set forth, supra, of a pre-drilled hole through
which the fastener bolt is simply intended to pass. It
follows, of course, that we are not in accord with the
examiner’s view that the slots 28 (between resilient legs 28)
of Lemke present opposite cutting edges. Since the Lemke
patent does not address every limitation of claim 29, the
claim is not anticipated by this prior art reference. It is
for this reason that the rejection under 35 U.S.C. § 102(b)
must be reversed.
In summary, this panel of the board has reversed the
examiner’s rejection of claim 29.
REVERSED
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