Appeal No. 2002-2033 Page 7
Application No. 08/894,063
any configuration other than that disclosed, and we note that the surfaces of the ribs
defining the slots in the screw head taper toward the center of the recess (Figure 1;
translation, page 6), which would preclude insertion of a non-tapered driver of square
cross-section into the recess.
The mere fact that the prior art structure could be modified does not make such
a modification obvious unless the prior art suggests the desirability of doing so. See,
In re Gordon, 733 F.2d 900, 221 USPQ 1125 (Fed. Cir. 1984). We fail to perceive any
teaching, suggestion or incentive in either Stolarczyk or Spagnoli which would have led
one of ordinary skill in the art to modify the Stolarczyk system in the manner proposed
by the examiner. In this regard, neither reference teaches a system in which the female
component can interact with two different male components, and in the absence of
such it is our view that motivation is lacking for altering Stolarczyk from a six spline
system to one having four splines, much less altering it to meet the dimensional
limitations recited in the claim, which correspond to ISO standard 1174 drivers (see
specification, pages 1 and 2), and to so relate the splines and the corners of the four
inner wall segments that define the square in such a manner as to allow both drivers to
be used. In addition, the proposed modification of Stolarczyk would necessitate a
substantially total reconstruction which, from our perspective, would operate as a
disincentive to the artisan to so do.
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