Ex Parte DONFRANCESCO et al - Page 7




              Appeal No. 2003-0265                                                                Page 7                
              Application No. 09/105,150                                                                                


              wherein the stake creates a deformed portion of the external thread of the screw having                   
              a reduced width between adjacent crests thereof relative to other portions of the                         
              external thread.                                                                                          


                     Based on our analysis and review of Crowther and claim 16, it is our opinion that                  
              the only difference is the limitation of deforming a portion of the external thread                       
              adjacent the second end of the shank of the screw to limit the amount the screw can be                    
              backed out of the bore of the terminal by staking the second end along a line extending                   
              across the second end and offset from and perpendicular to a longitudinal axis of the                     
              shank.                                                                                                    


              Obviousness of claimed subject matter                                                                     
                     With regard to these differences, the examiner determined (final rejection, pp. 2-                 
              4) that such differences would have been obvious at the time the invention was made to                    
              a person of ordinary skill in the art.  The appellants argue throughout both briefs that                  
              the applied prior art does not suggest the claimed subject matter.                                        


                     Evidence of a suggestion, teaching, or motivation to modify a reference may flow                   
              from the prior art references themselves, the knowledge of one of ordinary skill in the                   
              art, or, in some cases, from the nature of the problem to be solved, see Pro-Mold &                       








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