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.
4
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