Ex Parte BIERMANN et al - Page 11




          Appeal No. 2001-0611                                                        
          Application No. 08/742,733                                                  


          first piece, and means for resisting rotation between the first             
          and second pieces.  In addition, claim 26 requires that the                 
          rotation resisting means comprises a flute on the protruding                
          member and a corresponding fluted opening in the cavity.                    
               In rejecting claim 26 as being unpatentable over Goble, the            
          examiner correctly found correspondence between the claimed                 
          protruding member of the first piece and the male connector                 
          element 14 of Goble, and between the claimed cavity of the second           
          piece and the female connector element 13 of Goble.  In rejecting           
          claim 26, we consider that the examiner implicitly determined               
          that it would have been obvious to provide the connector elements           
          13 and 14 of Goble with means for resisting rotation in view of             
          the teachings of Goble at column 6, lines 36-39; column 8, line             
          65 through column 9, line 6; and column 9, lines 16-30.                     
          Concerning the requirement for a flute on the protruding member             
          and a corresponding fluted opening in the cavity, the examiner              
          has taken the position (final rejection, page 2) that “[f]lutes             
          and fluted openings would have been an obvious modification in              
          order to enhance the rotation resistance discussed in column 6,             
          lines 36-39.”                                                               




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