Appeal No. 2003-0786
Application 09/059,712
head of a bolt or nut. A wrench is placed on or over the head of
a bolt or nut for applying torque thereto for tightening or
loosening the fastener and then removed from the head of the
fastener after completion of that operation. By comparison, in
Dmitroff, the ring (20) is by disclosure and function an integral
part of the nut itself and has a hexagonal outer surface that is
to be engaged by a wrench for tightening or loosening the
constant torque nut, with the driving ring (20) remaining in
place on the nut portion (12) after any such tightening or
loosening. Thus, one of ordinary skill in the art would not view
the driving or tightening ring (20) of Dmitroff’s constant torque
nut (10) as a “wrench.”
Moreover, we find ourselves in agreement with appellant
(brief, pages 18-21, and reply brief, pages 3-5) that the
examiner’s rejection is the result of hindsight reconstruction
and is totally contrary to the teachings in Grimm regarding
providing wrenching splines on the fastener (Figs. 1-3) and
wrench (Fig. 4) therein having the particular symmetrical
configuration seen in Figures 5 and 6 of that patent. In that
regard, we consider that any combination as posited by the
examiner would require such substantial reconfiguration and
redesign of the components of the symmetrical spline wrenching
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