Appeal No. 2002-2224
Application 08/923,103
diameter than the shank, to be forced over the shank, thus causing the washer segments to mate
with the knurled surface of the shank, that is, an edge of each segment is dug into the shank, with
the positioning of the washer segments in the shank as shown in King Fig. 3. In the absence of a
scientific explanation by the examiner based on the disclosure and Figs. of King, it is not clear on
this record that the thus mated segments of the washer having a smaller diameter than the shank,
can be reversed by force in sliding the washer off of the shank without breaking any of the
segments and thus the washer, and/or breaking away the portion of the shank into which the
edges of the washer segments are embedded.
Accordingly, we agree with appellants that the examiner has not established a prima facie
case of obviousness over the applied prior art because the examiner has not established that the
limitation of the removal of the washer from the shaft without breaking the washer and/or the
bolt of appealed claim 1 would have been disclosed to one of ordinary skill in this art by King.
The examiner’s decision is reversed.
Reversed
EDWARD C. KIMLIN )
Administrative Patent Judge )
)
)
)
CHARLES F. WARREN ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
TERRY J. OWENS )
Administrative Patent Judge )
Kevin L. Daffer
Conley Rose & Tayon
PO Box 398
Austin, TX 78767-0398
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