Appeal No. 1999-1765 Page 16
Application No. 08/839,193
presence of bushing 27 which slips over sleeve 26, and is
screwed into threaded opening 16A. It is clear to us that it
is bushing 27, and not sleeve 26, which actually carries the
threads that are directly threadedly attached to the threaded
opening 16A in grid 13. Since bushing 27 slips over sleeve
26, it is not affixed to sleeve 26 and is screwed into
threaded opening 16A. We must therefore agree with appellants
when they say (brief, p. 8) that “in the Jabsen patent, the
tube does not comprises[sic] threads as claimed and is further
not directly threadedly attachable to the tie plate.” Having
thus determined that the tube 12, 26 of Jabsen is not directly
threadedly “attachable” or “attached” to grid 13, we must
agree with the appellants that all the limitations recited in
independent claims 1 and 12 are not taught or suggested by the
patent to Jabsen.
Since all the limitations of independent claims 1 and 12
are not taught or suggested by the patent to Jabsen, the
decision of the examiner to reject independent claims 1 and 12
under 35 U.S.C. § 103(a) as being unpatentable over Jabsen
alone is reversed.
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