Ex parte FRIGG - Page 5




          Appeal No. 1999-0713                                                        
          Application 08/325,629                                                      


               Puno responds to all of the limitations in representative              
          claim 15 except arguably the one calling for a tension stable               
          fastening element extending through a slot and around the                   
          support piece to secure the support piece in the channel.  In               
          the Puno                                                                    
          apparatus, wires 120 extend through bores 122 and around the                
          support piece (rod 18) to secure the support piece in channel               
          118.                                                                        
               The appellant’s contention that Puno is additionally                   
          deficient because it teaches away from the limitation                       
          requiring the head section to be formed as a single piece with              
          the                                                                         
          anchoring element is not persuasive.  All of the disclosures                
          in a reference must be evaluated for what they fairly teach                 
          one of ordinary skill in the art, even those phrased in terms               
          of a non-preferred embodiment.  In re Boe, 355 F.2d 961, 965,               
          148 USPQ 507, 510 (CCPA 1966).  Puno’s disclosure of an                     
          integral anchor, i.e., an integral anchoring element (screw                 
          21) and head section (rod support 116), although not                        
          preferred, nonetheless would have suggested an anchoring                    



                                          5                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007