Ex parte HORNEMANN et al. - Page 11




          Appeal No.  1999-1486                                                       
          Application No.  08/670,806                                                 


          of appellants, we have concluded, supra, that one of ordinary               
          skill in the art would have derived a suggestion from and been              
          motivated by a consideration of the combined teachings of the               
          applied prior art to effect the proposed modification.  As                  
          explained above, the reference teachings themselves would have              
          been suggestive of their combination.  As to the comment by                 
          appellants (revised brief, page 11) that Claud-Mantle “does                 
          not disclose or suggest adjusting the keeper 24 along the axis              
          of the threaded shank 30," it is our opinion that the overall               
          threaded keeper arrangement of this reference would have                    
          readily been understood by one having ordinary skill in the                 
          art as evidencing an adjustable keeper configuration,                       
          adjustable along its axis.  For the reasons stated above, we                
          are in accord with the examiner’s viewpoint (answer, pages 5                
          and 6) that, in the present instance, the combination of                    
          applied teachings is not an impermissible hindsight                         
          reconstruction, as argued.                                                  


               In summary, this panel of the board has affirmed the                   
          rejection of claims 3, 7, 9, 12, 14, and 15 under 35 U.S.C. §               
          103 as being unpatentable over Claud-Mantle in view of Poe.                 
                                         11                                           





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

Last modified: November 3, 2007