Appeal No. 1999-1765 Page 20
Application No. 08/839,193
combine the teachings of Nylund and Jabsen in the manner urged
by the examiner.
The examiner has additionally rejected claims 1, 10, 11
and 12 under 35 U.S.C. § 103(a) as being unpatentable over the
combined teachings of Jabsen and Meier. Having carefully
reviewed the Meier reference, we see (Figure 5) plate 5 having
internally threaded hole 21a. Pipe or rod 9, having an
enlarged threaded end, is directly threadedly attached to, and
extends part way through plate 5. Nut 10 is directly
threadedly attached to plate 5 from the side of plate 5
opposite to that in which rod 9 is attached. The nut 10 of
Meier is not attached to, and merely abuts against the end of
rod 9. We have already discussed the teachings of Jabsen,
however, we again note that the patent to Jabsen shows a
slidable, threaded bushing 27 which prevents tube 12, 26 from
being directly threadedly “attached” to, or “attachable” to
grid 13. Thus, we believe that the examiner is in error when
he states that
[i]t would have been prima facie [obvious] to have
modified Jabsen in view of the teachings of Meier et
al, by having the end of the tube which is to be
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