Ex parte NALDI - Page 7




                 Appeal No. 1999-1912                                                                                                                   
                 Application No. 08/730,724                                                                                                             


                 “second bush”  “with a flexible second bush which is expanded4                                                                                                              
                 upon axial displacement, as taught by [Krüsi]” (answer, page                                                                           
                 4).  Implicit in the above is the examiner’s determination                                                                             
                 that these modifications of Suzuki would result in a device                                                                            
                 that corresponds to the subject matter of claims 3, 4, 6 and                                                                           
                 15-18 in all respects.                                                                                                                 
                          We cannot accept the examiner’s position.  At the outset,                                                                     
                 given the fundamental differences in construction and                                                                                  
                 operation of the connecting means of Rudolf and Krüsi, it is                                                                           
                 difficult to imagine why one of ordinary skill in the art                                                                              
                 would have turned to Krüsi as a teaching reference for                                                                                 
                 modifying the device of Rudolf.  In particular, it is                                                                                  
                 difficult to image why one of ordinary skill in the art would                                                                          
                 have found it desirable, and thus obvious, to replace the so-                                                                          
                 called “second bush” [presumably, element 96] of Rudolf with a                                                                         
                 flexible bush that is expandable upon axial                                                                                            
                 displacement thereof, notwithstanding that Krüsi teaches such                                                                          
                 a construction.  This is particularly so because there does                                                                            

                          4Presumably, said “second bush” would correspond to                                                                           
                 cylindrical piece 96 extending from circular disc shaped screw                                                                         
                 head 92 of Rudolf, which the examiner has identified as being                                                                          
                 a second bush in Rudolf.                                                                                                               
                                                                           7                                                                            





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

Last modified: November 3, 2007