Appeal No. 1999-1765 Page 19
Application No. 08/839,193
being “attachable” to a tie plate, claim 12 expressly sets
forth the combination of a water rod assembly directly
threadedly “attached” to a tie plate. As we have mentioned
above, our examination of the patent to Jabsen has revealed
the presence of slidable, threaded bushing 27 which precludes
tube 12, 26 from being directly threadedly attached to grid
13. Since Jabsen fails to show a tube directly threadedly
attached to a tie plate as required by claim 12 on appeal, we
therefore see no incentive or motivation in the teachings of
the applied prior art references (i.e., Nylund and Jabsen)
that would have led one of ordinary skill in the art at the
time the invention was made to
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