Ex parte STANISZEWSKI - Page 5




          Appeal No. 98-1200                                                          
          Application 08/589,780                                                      


               The appellant's position here is well taken.                           
          Staniszewski and Lewis contain no suggestion whatsoever of a                
          mounting device having means for expanding into fast, radial-               
          gripping engagement with the bore of an element being mounted               
          on a shaft.  The examiner's apparent contention that                        
          Staniszewski's nut members 36 and 38, as modified in view of                
          Lewis to include shoulders extending into bore 11 of element                
          10, would expand into fast, radial-gripping engagement with                 
          the bore if they were made of a plastic or malleable material               
          (see pages 3 and 4 in the answer) is not persuasive.  Even if               
          these nut members were made of a plastic or malleable                       
          material, it would be unduly speculative to conclude that they              
          would expand into a fast, radial-gripping engagement with the               
          bore.  In short, Staniszewski and Lewis simply do not provide               
          the factual basis necessary to conclude that the mounting                   
          device recited in claim 18, with its "means for . . .                       
          expanding into fast, radial-gripping engagement with said                   
          bore," would have been obvious to one of ordinary skill in the              
          art.                                                                        


               Accordingly, we shall not sustain the standing 35 U.S.C.               
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