Appeal No. 1997-4111 Page 15
Application No. 08/540,947
that the plug and hole cooperate together to form a vent.
Since clearly Cain's plug and hole cooperate together to form
a vent, the claimed limitation in question (i.e.,
complementary to the surrounding surface defining the hole) is
readable on Cain's head portion 24 which is complementary to
counterbore 16.
For the reasons set forth above, the decision of the
examiner to reject claim 7 under 35 U.S.C. § 102(b) is
affirmed.
Claim 8
The appellants have grouped claims 7 and 8 as standing or
falling together. Thereby, in accordance with 37 CFR5
§ 1.192(c)(7), claim 8 falls with claim 7. Thus, it follows
that the decision of the examiner to reject claim 8 under 35
U.S.C.
§ 102(b) is also affirmed.
5See page 6 of the appellants' brief.
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