Ex Parte Catania - Page 6



          Appeal No. 2002-0840                                                         
          Application No. 09/610,015                                                   

          of the integral nut 58 engages end surface 84 of the stabilizer              
          bar 30 (apparently what is intended is akin to the showing in                
          Fig. 2 wherein nut segment 52 engages end surface 84).                       
          Considering our understanding of the meaning of the claim                    
          language regarding the bushing including or having a cap, and the            
          overall teaching of Kincaid, it is clear to us that the claimed              
          invention is not anticipated by or rendered obvious by the                   
          applied patent.  As a final point, we find ourselves in agreement            
          with appellant’s argument that counters the examiner’s assertion             
          of equivalency of a washer and a cap, particularly when the                  
          particular Kincaid disclosure is taken into account.  For the                
          above reasons, the rejection based upon 35 U.S.C. § 102(e) and               
          35 U.S.C. § 103(a) cannot be sustained.                                      

               In summary, this panel of the board has not sustained the               
          rejection on appeal.                                                         








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