Ex parte ABBEY - Page 6




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




                 art of providing an entire connector arrangement like that                                                                             
                 seen therein in place of the threaded stud (13) and threaded                                                                           
                 hole (3) of Deacon, and not of merely selecting the smooth                                                                             
                 surface centering pin (25) as a replacement for the threaded                                                                           
                 stud (13).                                                                                                                             


                                   Stated simply, there is nothing in the prior art                                                                     
                 relied upon by the examiner which would have been suggestive                                                                           
                 to one of ordinary skill in the art of providing an attachment                                                                         
                 means in Deacon “consisting of a cylindrical shank formed of a                                                                         
                 plastic material . . . [with] said cylindrical shank having a                                                                          
                 smooth outer surface adapted to be threadably received by the                                                                          
                 threaded socket of the sole of the sport shoe” (emphasis                                                                               
                 added).3                                                                                                                               

                          3Claim 13 on appeal sets forth the further requirement                                                                        
                 that the cylindrical shank of claim 11 “tapers inwardly from                                                                           
                 the proximal end to the terminal end thereof such that the                                                                             
                 terminal end of said cylindrical shank is narrower than the                                                                            
                 proximal    end . . .” (emphasis added).  If the shank is                                                                              
                 “cylindrical” as expressly required in independent claim 11,                                                                           
                 then it follows that it cannot have a tapered configuration                                                                            
                 like that set forth in dependent claim 13.  The examiner and                                                                           
                                                                                                            (continued...)                              
                                                                           6                                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007