Ex parte ABBEY - Page 5




          Appeal No. 98-2413                                                          
          Application 08/763,549                                                      



                    We will likewise not sustain the examiner’s rejec-                
          tion of claims 11 through 14 under 35 U.S.C. § 103 as being                 
          unpatent- able over Deacon in view of Swain.  If it is the                  
          examiner’s position (answer, page 4) that it would have been                
          obvious to one of ordinary skill in the art to select only the              
          smooth surface centering pin (25) of Swain as a replacement                 
          for the threaded stud (13) of Deacon, it is again our opinion               
          that the examiner's modification of Deacon is based on the                  
          hindsight benefit of appellant's own teachings and not on                   
          anything fairly suggested by the applied references.  In                    
          discussing the specially developed gripper seen in Figure 2 of              
          the patent, Swain (col. 5, line 58, to col. 6, line 3) empha-               
          sizes the functioning of the tapered centering pin (25) in                  
          slightly spreading the metal bush (14) so as to enhance and                 
          make firmer the threaded connection between the threads (13)                
          of the socket part (11) and the threads (24) of the                         
          plastic sleeve (23) of the gripper.  Thus, it would appear to               
          us                                                                          
          that Swain would been suggestive to one of ordinary skill in                
          the                                                                         

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