Ex parte SHERRY - Page 5




          Appeal No. 1999-0939                                       Page 5           
          Application No. 08/593,334                                                  


          a thread-like helical form to impress a helical groove into                 
          the shank.                                                                  


               The appellant argues that the applied prior art does not               
          suggest the claimed subject matter.  We agree.  In our view,                
          the above-noted limitations of claim 13 are not suggested by                
          the applied prior art.  In that regard, while Parsons does                  
          teach piecering a member to form an aperture and cleavage and               
          then deforming the aperture and cleavage into a wall having a               
          thread-like helical form, it is our opinion that the applied                
          prior art would not have suggested replacing Bradley's second               
          member (i.e., workpiece 56) with Parsons' threaded member and               
          removing the threads from Bradley's fastener 10 so that                     
          radially expanding Bradley's fastener 10 causes the wall                    
          having a thread-like helical form of the second member to                   
          impress a helical groove into Bradley's fastener 10.                        


               In our view, the only suggestion for modifying Bradley in              
          the manner proposed by the examiner to meet the above-noted                 
          limitations stems from hindsight knowledge derived from the                 
          appellant's own disclosure.  The use of such hindsight                      







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