Ex parte VIRGIL - Page 7




          Appeal No. 1996-1049                                                        
          Application No. 08/238,681                                                  


               The examiner argues that Harrison’s column 6, lines 11-15              
          suggest that this reference is not limited to rectangular or                
          square lugs (answer, page 5).  That portion of Harrison                     
          states: “While numerous modification [sic, modifications] of                
          the disclosed embodiments will undoubtedly occur to those of                
          skill in the art, it should be understood that the spirit and               
          scope of the invention is to be limited solely by the appended              
          claims.”  The examiner’s argument is not convincing because                 
          the examiner has not explained why this disclosure would have               
          fairly suggested, to one of ordinary skill in the art, use of               
          arcuate elements which form a cylindrical bore which is                     
          capable of receiving a threaded fastener.                                   
               The examiner argues that appellant’s claims 1, 2, 4-6 and              
          8 are directed to a molded product and that the particular                  
          arcuate shape of the elements of the mold are not part of the               
          product as claimed and, therefore, are not a positive                       
          limitation (answer, page 5).  As indicated by page 5 of the                 
          examiner’s answer, claim 1 as interpreted by the examiner                   
          expressly recites that the distal ends of the elements of the               
          molded product are outwardly arcuate.                                       


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