Ex parte GILLESPIE - Page 8




                 Appeal No. 1999-1506                                                                                                                   
                 Application 08/815,151                                                                                                                 


                 examiner evidently proposes to do.                           4                                                                         
                          The rejection of claim 33, dependent on claim 32,                                                                             
                 likewise will not be sustained.                                                                                                        
                          We now turn to claim 18, which requires, inter alia, that                                                                     
                 the locking means be "rigid in structure."  Such a locking                                                                             
                 means is not taught by Crockett because, as discussed above,                                                                           
                 bolts 24, 26 of Crockett are stops, not locks.                                                                                         
                          The examiner alternatively asserts that it would have                                                                         
                 been obvious to provide Benninger with a rigid locking means                                                                           
                 in view of Revol, which discloses a device for anchoring a peg                                                                         
                 in a wall, the device being inserted in a hole in the wall and                                                                         
                 then pulled so that cone 7 expands socket 11 to anchor the peg                                                                         
                 in the hole (col. 3, lines 39 to 58).  However, after                                                                                  
                 considering the references and the arguments of appellant and                                                                          
                 the examiner, we agree with appellant that Revol would not                                                                             
                 suggest to one of ordinary skill substitution of its locking                                                                           
                 mechanism for the lock 68 of Benninger.  Assuming that Revol                                                                           
                 constitutes analogous art, the lock disclosed therein is for                                                                           
                 permanently locking a peg                                                                                                              

                          4Revol, the other secondary reference, does not disclose                                                                      
                 a screw-threaded locking means.                                                                                                        
                                                                         -8-                                                                            





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