Ex Parte DAUGHERTY JR. - Page 6




                    Appeal No. 2002-1822                                                                                                                                  
                    Application No. 09/197,164                                                                                                                            


                    examiner concludes that it would have been obvious to one of                                                                                          
                    ordinary skill in the art at the time of appellant's invention to                                                                                     
                    modify Wallace to include the use of a retainer member engageable                                                                                     
                    with at least a portion of the inner surface of a male connecting                                                                                     
                    member forming a substantially spherical inner surface including                                                                                      
                    a portion of the inner surface of the male connection member in                                                                                       
                    his advantageous connection assembly as taught by Narkon so as to                                                                                     
                    obtain certain benefits specifically noted on page 4 of the                                                                                           
                    examiner's answer.                                                                                                                                    


                    Like appellant, our review of the patents to Wallace '679                                                                                             
                    and Narkon finds no teaching, suggestion, or motivation for a                                                                                         
                    combination of the disparate devices disclosed therein (i.e., a                                                                                       
                    coupling apparatus for semi-permanently connecting adjacent ends                                                                                      
                    of a pair of railway cars together as in Wallace '679 and a self-                                                                                     
                    aligning track roller as in Narkon) in the manner posited by the                                                                                      
                    examiner.  In that regard, we direct attention to pages 9-12 of                                                                                       
                    the brief and pages 2-3 of the reply brief, noting our agreement                                                                                      


                              3(...continued)                                                                                                                             
                              coorporates with the spherical member.  As long as a                                                                                        
                              one piece liner can be viewed from the drawings, the                                                                                        
                              reference doesn't have to mention that the liner is a                                                                                       
                              single piece.                                                                                                                               
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