Appeal No. 1996-1049
Application No. 08/238,681
cylindrical bore capable of receiving a threaded fastener.
Harrison’s upwardly and downwardly disposed elements have
teeth which face, respectively, downwardly and upwardly, for
locking with upper and lower saw-tooth surfaces of male
connectors which are inserted between the upwardly and
downwardly disposed elements (col. 2, lines 20-29; col. 4,
lines 47-66; col. 5, lines 44-47). The male connectors can be
square or rectangular (col. 5, lines 3-15), and can have
vertical and canted surfaces which extend over their sides as
well as the top and bottom (col. 4, line 67 - col. 5, line 3).
The examiner argues that “[i]t would have been an obvious
matter of design choice to modify Harrison’s distal ends to
have outwardly arcuate shape, since such a change would have
involved a mere change in the shape of a component. A change
in shape is generally recognized as being within the level of
ordinary skill in the art. In re Dailey, [357 F.2d 669,] 149
USPQ 47 (CCPA 1976 [sic, 1966]).” In Dailey, the majority was
not convinced that the “less than hemisphere” shape of each
section of a nursing bottle which has a rigid section near the
nipple and a flexible section which is drawn into the rigid
section as the bottle is emptied, “is significant or is
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