Ex Parte Vinadio - Page 5




             Appeal No. 2003-1806                                                          Page 5              
             Application No. 09/592,578                                                                        


             hemispherical and mutually complementary shape) and (b) "means for adjusting the                  
             height including a support" (i.e., means for adjusting the height of the first knuckle part       
             relative to the second knuckle part, said means including a lower support for said                
             sleeve engaged inside said second knuckle part such that the lower support can move               
             axially, wherein said support and said sleeve have surfaces that come into mutual axial           
             contact and are hemispherical in shape with the hemispherical surfaces of the bottom              
             wall and the support being concave with the concavity of each facing toward each first            
             knuckle part); and (3) concluded that it would have been obvious to have modified                 
             Balbo's hinge to include (a) complementary spherical shaped surfaces on the hinge pin             
             22 and sleeve 28  as suggested and taught by Wilms and (b) means for adjusting the                
             height of the first knuckle part relative to the second knuckle part as suggested and             
             taught by Green.                                                                                  


                   The appellant argues (brief, p. 6) that while the patent to Green discloses means           
             for adjusting the height of the first knuckle part relative to the second knuckle part,           
             Green's adjusting means fails to include hemispherical surfaces on the bottom wall of             
             the sleeve and on the support which are concave with the concavity of each facing                 
             toward the first knuckle part.3  We agree.  At best, Green's means for adjusting the                
             height of the first knuckle part relative to the second knuckle part includes                     

                   3 The examiner did not respond to this argument in the answer.                              







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