Appeal No. 2000-1856 Page 7
Application No. 08/527,671
Acton or guide 58 of Reid) does anything more than abut the
part or parts to be retained in the assembly member (star
wheel 25 of Acton or turret 40 of Reid).
The examiner makes much of the fact that Reid uses the
term “engage” to describe the interaction of the guide 58 with
the cups C (answer, page 7). However, we see nothing in
Reid’s discussion of the guide 58 (“a metal block having a
cylindrically curved concave surface on the side facing the
turret 40") which would indicate that Reid uses the term
“engage” in the sense of an interfitting, as distinguished
from mere contact so as to retain the cups in the turret.1
In light of the above, we conclude that the applied
references are not sufficient to establish a prima facie case
of obviousness of the subject matter of claim 38, or, it
follows, claims 39-45 which depend from claim 38. Thus, it is
not necessary for us to discuss appellant’s declaration
submitted under 37 CFR § 1.132 (Paper No. 18).
For the foregoing reasons, we shall not sustain the
examiner’s rejection of claim 38, or claims 39-45 which depend
from claim 38.
1Webster's Third International International Dictionary (Merriam-
Webster 1971) defines "engage" as to come into contact or interlock with.
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