Ex parte COHEN - Page 4




                 Appeal No. 1999-1812                                                                                                                   
                 Application No. 08/692,761                                                                                                             

                 obvious to one of ordinary skill in the art to provide at                                                                              
                 least one selectably detachable link in Naito “because                                                                                 
                 disassembly of parts is a well known feature for allowing                                                                              
                 replacement of parts of a machine, or insertion of a rope or                                                                           
                 cable in a hoist” (answer, page 5).  In this regard, the                                                                               
                 examiner further posits on page 6 of the answer that                                                                                   
                          the use of a lug nut or wing nut  would clearly be a      [1]                                                                 
                          known alternative which would be well within the                                                                              
                          level of skill of one skilled in the art.  While the                                                                          
                          references of record do not explicitly disclose                                                                               
                          removable fasteners in the Naito winch, the prior                                                                             
                          art taken as a whole includes knowledge which would                                                                           
                          be possessed by a person having ordinary skill in                                                                             
                          the art.  At artisan familiar with complicated                                                                                
                          mechanical devices such as winches would be familiar                                                                          
                          with the use of nuts of various types for fastening                                                                           
                          components together.                                                                                                          
                          We cannot sustain this rejection.  Rejections based on                                                                        
                 35 U.S.C.  103 must rest on a factual basis.  In re Warner,                                                                           
                 379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA 1967), cert.                                                                              
                 denied, 389 U.S. 1057 (1968).  In making such a rejection, the                                                                         
                 examiner has the initial duty of supplying the requisite                                                                               
                 factual basis and may not, because of doubts that the                                                                                  


                          1At page 9, lines 3-7, of the specification, appellant                                                                        
                 states that at least one end of each of the axles 40 of                                                                                
                 rollers 34 may be provided with wing or lug nuts for                                                                                   
                 selectably detachably securing bar elements 44 to the axles.                                                                           
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