Appeal No. 99-0650
Application 08/726,978
examiner. Claims 4-6, the only other claims remaining in the
application, have been indicated by the examiner as being
allowable if rewritten in independent form to include all the
limitations of base claim 1 and any intervening claim.
Appellants’ invention pertains to a fastener for
insertion through aligned holes in two composite sheets to
hold the sheets together. Independent claim 8, a copy of
which can be found in an appendix to appellants’ brief, is
illustrative of the appealed subject matter.
The references relied upon by the examiner in support of
rejections under 35 U.S.C. § 102(b) and 35 U.S.C. § 103 are:
Cramer Jr. et al (Cramer) 4,790,683 Dec. 13,
1988
K.A.C. Limited 2 1,167,899 Dec. 2,
1958
Claims 1-3 and 8 stand rejected under 35 U.S.C. § 102(b)
as being anticipated by French ‘899.
2Our understanding of this French language reference is
derived from a translation thereof submitted by appellants
during prosecution of the instant application. As indicated
by the translation, this patent appears to have been filed in
the French Patent Office on behave of the inventor by K.A.C.
Limited. In order to avoid confusion as to the reference
intended, we will continue to use the designation French ‘899
used by the examiner in referring to this reference.
2
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