Appeal No. 2001-1360
Application 09/290,056
12). The clamping ring 1, 8 comprises two ring sections 11A
and 11B for encircling opposing flanges 4A and 4B and threaded
bolts 13 for holding the ring sections together in clamping
engagement with the flanges.
Contrary to the conclusion reached by the examiner (see
pages 4 and 9 in the answer), there is nothing in Groess’
disclosure of an annular collar for joining structural
components such as pipes, housings, gear boxes and engine
blocks which would have suggested utilizing such a heavy-duty
collar to secure the spray head (hand pump 2) and internally
hollowed body (container
1) of Itzel’s handheld spraying device. Neither Junkel nor any
of the other applied references overcomes this fundamental flaw
in the examiner’s evidentiary showing.
Therefore, we shall not sustain the standing 35 U.S.C.
§ 103(a) rejection of claim 1 or of claims 2 through 12 and 15
through 20 which depend therefrom.
We shall sustain, however, the standing 35 U.S.C. § 103(a)
rejection of independent claims 21 and 22 as being unpatentable
over Itzel in view of Junkel.
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