Ex parte CIOTOLA - Page 8




          Appeal No. 98-1523                                         Page 8           
          Application No. 08/705,744                                                  


          the separate patentability of these claims and therefore,                   
          claims 20, 23 through 25 and 27 stand or fall with claim 18.                
          See      Nielson, 816 F.2d at 1572, 2 USPQ2d at 1528.                       
               We turn next to the examiner’s rejection of claims 18                  
          through 27 under 35 U.S.C. § 102(e) as being unpatentable as                
          anticipated by Azibert ‘496.  It is the examiner’s opinion                  
          that Azibert ‘496 discloses all the features of the claimed                 
          invention as illustrated in Figures 4 and 4a.                               
               Appellant argues that Azibert ‘496 does not disclose an                
          axial extension from the radial seal surface of the clip at                 
          the bolt end nor a clip pin.                                                
               We do not agree with the appellant.  In Fig. 4a, the clip              
          or tab 72 has a seal end which engages the seal gland 70 at                 
          74.  In addition, the bolt end of the clip (See Fig. 2b) has                
          an axial extension extending from the radial seal surface.                  
               For the foregoing reasons, we will sustain the examiner’s              
          rejection of claim 18.  We will also sustain the examiner’s                 
          rejection of claims 19, 20, 23 through 25 and 27 as the                     
          appellant has failed to argue the separate patentability of                 
          these claims.  See Nielson, 816 F.2d at 1572, 2 USPQ2d at                   
          1528.                                                                       







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007