Appeal No. 1999-1480
Application No. 08/523,330
properties of the thermoexpansive material itself to provide a
clamping force. While the nut and bolt of Taylor may have
some thermoexpansive properties it is clear to us that such a
mechanical clamping structure would not be viewed by one of
ordinary skill in the art as being a “thermoexpansive clamping
structure” like that set forth in claim 52 on appeal for
providing a clamping force of the type described by appellant
to a key.
In light of the foregoing, we will not sustain the
standing § 103 rejection of independent claim 52 and claims
53-56 which depend therefrom.
Next we turn to the rejections of claims 57-62 under 35
U.S.C. § 103 as being unpatentable over McRae in view of
Thomas. Looking first to the examiner’s rejection of
appellant’s claims 57-59 based on McRae and Thomas, we note
the examiner’s position that McRae shows the key holding
apparatus substantially as claimed. In this instance what the
examiner finds lacking in McRae is a key attachment structure
comprising a “resilient directional retention structure.” To
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