Ex parte REILLY - Page 6




          Appeal No. 2001-0730                                       Page 6           
          Application No. 09/221,543                                                  


          USPQ2d 1635, 1637 (Fed. Cir. 1998); In re Gordon, 733 F.2d                  
          900, 902, 221 USPQ 1125, 1127 (Fed. Cir. 1984).                             


               Claim 12, the only independent claim on appeal, reads as               
          follows:                                                                    
                    A closet bolt assembly for securing a toilet bowl                 
               flange to a fixed ring below the toilet bowl, said ring                
               having a slot therein and said toilet bowl flange having               
               a hole extending therethrough, said closet bolt assembly               
               comprising:                                                            
                    a nut; and                                                        
                    a closet bolt having a cylindrical shaft with                     
               opposed first and second ends, a planar flange integrally              
               connected to the second end of said cylindrical shaft and              
               disposed generally perpendicular to the longitudinal axis              
               thereof for engaging the fixed ring, with the outer                    
               surface of said cylindrical shaft being threaded from                  
               said first end to a point intermediate the length thereof              
               a sufficient distance for engaging said nut to said                    
               closet bolt to secure said toilet bowl flange to said                  
               ring, said cylindrical shaft having a hollow passage                   
               extending from said first end toward said second end                   
               thereof, said hollow passage being of non-circular cross-              
               section whereby when an elongated tool of corresponding                
               cross-section to said hollow passage is disposed within                
               said hollow passage of the cylindrical shaft, the closet               
               bolt may be restrained from rotation to enable said nut                
               to be threadedly tightened on and threadedly screwed off               
               of said cylindrical shaft.                                             


               In the rejection before us in this appeal (answer, pp. 4-              
          5), the examiner appears to have ascertained that the Admitted              








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