Ex parte COPPLE et al. - Page 3




                     Appeal No. 1999-2363                                                                                                                                              
                     Application 08/587,710                                                                                                                                            


                                b) claims 5, 6, 9, 10 and 32 under 35 U.S.C. § 102(b) as                                                                                               
                     being anticipated by Chartier; and                                                                                                                                
                                c) claims 7 and 8 under 35 U.S.C. § 103 as being                                                                                                       
                     unpatentable over Chartier in view of Thiel.                                                                                                                      


                                Reference is made to the appellants’ main brief (Paper                                                                                                 
                     No. 20) and to the examiner’s final rejection and answer                                                                                                          
                     (Paper Nos. 15 and 25) for the respective positions of the                                                                                                        
                     appellants and the                                                                                                                                                
                     examiner with regard to the merits of these rejections.2                                                                                                          
                                The first rejection rests on the examiner’s determination                                                                                              
                     that claims 5 through 10 and 32 are indefinite due to their                                                                                                       
                     failure to recite as part of the claimed combination the                                                                                                          
                     “receptor” mentioned in independent claims 5 and 32.                                                                                                              
                     According to the examiner, the nut-element cannot be secured                                                                                                      
                     to the nut-element retainer as recited in claim 5 and the                                                                                                         
                     fastener-element cannot be secured to the fastener-element                                                                                                        




                                2 The reply brief filed by the appellants (Paper No. 23)                                                                                               
                     does not contain any argument relating to the appealed                                                                                                            
                     rejections.                                                                                                                                                       
                                                                                          3                                                                                            





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