Ex Parte DONFRANCESCO et al - Page 6




              Appeal No. 2003-0265                                                                Page 6                
              Application No. 09/105,150                                                                                


              base 12, the leg 30, the central portion 28, and the screw 16.  Crowther teaches                          
              (column 2, lines 26-30) that "[a]s a safety precaution, so that the clamp 14                              
              cannot be completely removed from the base 12, the last thread at the free                                
              extremity of screw 16 can be distorted as indicated at 36 by peening the end of                           
              the screw or by other suitable means."                                                                    


              Ascertainment of the differences                                                                          
                     After the scope and content of the prior art are determined, the differences                       
              between the prior art and the claims at issue are to be ascertained.  Graham v. John                      
              Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).                                                   


                    Based on our analysis and review of Crowther and claim 1, it is our opinion that                   
              the only difference is the limitation that the deformation in a portion of the external                   
              thread of the screw adjacent the second end of the shank being a stake formed in the                      
              second end of the shank and extending along a chord of the second end transverse to                       
              the longitudinal axis of the shank.                                                                       


                     Based on our analysis and review of Crowther and claim 11, it is our opinion that                  
              the only difference is the limitation that a stake is formed in and extending along a                     
              chord of the second end transverse to the longitudinal axis of the shank of the screw                     








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