Appeal No. 2002-1704
Application No. 09/240,313
the tightening and loosening surfaces of the teeth (2). In this
regard, we consider that one of ordinary skill in the art would
take into account the desired head size, material of manufacture,
and torque requirements for a given situation in determining an
appropriate set of angles for the tightening and loosening
surfaces of the teeth (2) on bolt (1). Accordingly, we share the
examiner's view that the selection of appropriate angles for the
tightening and loosening surfaces of the teeth (2) in Whittle
would have been viewed by the skilled artisan as constituting a
result effective variable. It is well settled that the discovery
or determination of an optimum value of a result effective
variable is ordinarily within the skill of the art and thus
obvious. See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235
(CCPA 1955) and In re Boesch, 617 F.2d 272, 276, 205 USPQ 215,
219 (CCPA 1980). In our opinion the fact that Whittle has not
expressly set forth an angular relationship for the surfaces of
the teeth (2) is indicative of the fact that the determination of
such an angular relationship is within the ambit of one of
ordinary skill of the art. For this reason, we will sustain the
examiner's rejection of claim 17 under 35 U.S.C. § 103(a).
99
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