Ex parte PLUMMER - Page 7




                 Appeal No. 99-1823                                                                                                                     
                 Application 08/964,278                                                                                                                 


                 structure on the surfaces of the members 5 and 15 , adjustable                          3                                              
                 fixing of the position of member 15 relative to the member 5                                                                           
                 requires threading bolts 14 into threaded holes in member 15.                                                                          
                 Thus, as aptly pointed out by appellant on page 6 of the                                                                               
                 brief, in Humberson adjustable fixing of member 15 relative to                                                                         
                 the member 5 does not occur because of contact between the                                                                             
                 contacting surfaces of the members, as now claimed.                                                                                    
                 Accordingly, the standing § 102 rejection of claims 8 and 15,                                                                          
                 as well as claims 9-12 and 14 and 16-20 that depend therefrom,                                                                         
                 cannot be sustained.                                                                                                                   




                          Considering the § 103 rejection of claim 13, the Le Bus                                                                       
                 reference additionally applied in this rejection does not                                                                              
                 render obvious what we have found to be lacking in Humberson.                                                                          
                 Accordingly, this rejection also cannot be sustained.                                                                                  
                          The decision of the examiner is reversed.                                                                                     




                          3The examiner selects aligned holes in members 5 and 15,                                                                      
                 as well as bolts 14, as corresponding to the claimed coupling                                                                          
                 structure.                                                                                                                             
                                                                         -7-                                                                            





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