Appeal No. 1999-1786
Application No. 08/821,738
teaching or suggestions for modifying the gear (174) of
Scharboneau to include a web flange of the type seen in the
nut (10) of Fisher. In our opinion, the only motivation for
the examiner’s proposed modification of Scharboneau is based
on hindsight derived from appellant’s own disclosure.
Therefore, we shall not sustain the examiner’s rejection of
claims 1-8 under
35 U.S.C. § 103.
CONCLUSION
In summary, we are affirming the examiner’s rejection of
claim 6 under 35 U.S.C. § 112, second paragraph, and reversing
the examiner’s rejection of claims 1-8 under 35 U.S.C. § 103.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
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