Ex parte EBERLE, III - Page 6




          Appeal No. 2001-0217                                                        
          Application No. 09/186,741                                                  

          member to be “located off-center and to one side of an                      
          attachment orifice.”  As conceded by the examiner (see page 5               
          in the answer), Ellinwood’s T-shaped element also fails to                  
          respond to the limitations in claims 18 and 27 requiring the                
          substantially flat horizontal top element to have “opposite                 
          side walls in the shape of arcs from a top view, said arcs                  
          having predetermined radii and arc lengths.”                                
               Bischof discloses a workpiece connecting element                       
          consisting of a flat, arc-shaped, lamellar part 3 adapted to                
          fit into an arc-like groove 6 in a first workpiece 1 and a                  
          bolt-like part 4 welded to the lamellar part and adapted to                 
          fit into a hole 8 in a second workpiece 2.  Bischof also                    
          discloses a drilling template (see Figure 9) having a                       
          plurality of arc-shaped components.  The stated purpose of the              
          drilling template is to facilitate the drilling of a                        
          transverse hole 7 in the first workpiece 1 (see column 4,                   
          lines 25 through 37).                                                       
               In proposing to combine Ellinwood and Bischof to support               
          the § 103 rejections, the examiner, making reference to the                 
          drilling template shown in Bischof’s Figure 9, concludes that               



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