Ex Parte DELEEUW et al - Page 7




          Appeal No. 2002-0491                                                        
          Application No. 09/287,081                                                  

         problem or present a new or unexpected result, the similarity in             
         structure and identity of function between the multiple flanges              
         recited in claims 7 and 19 and Baltare’s single flange support a             
         conclusion that the multiple flanges would have been an obvious              
         matter of design choice well within the level of ordinary skill              
         in the art (see In re Kuhle, 526 F.2d 553, 555, 188 USPQ 7, 8-9              
         (CCPA 1975)).                                                                
              Dependent claims 10 through 13 and 15 through 17 define                 
         lubrication components (a grease fitting associated with the                 
         lubricant hole in the retainer and various lubricant grooves and             
         holes in the bushing) which Steiner shows to be conventional                 
         expedients.  Steiner’s description of the benefits afforded by               
         these features would have suggested the incorporation of same                
         into Baltare’s retainer and bushing.                                         
              Hence, the combined teachings of Baltare and Steiner justify            
         the examiner’s conclusion that the differences between the                   
         subject matter recited in claims 1, 5, 7, 10 through 17 and 19               
         and the prior art are such that the subject matter as a whole                
         would have been obvious at the time the invention was made to a              
         person having ordinary skill in the art.  Accordingly, we shall              
         sustain the standing 35 U.S.C. § 103(a) rejection of claims 1, 5,            



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