Ex Parte DeJarnette - Page 5




          Appeal No. 2003-1825                                       Page 5           
          Application No. 09/672,492                                                  


          structurally.  Moreover, the assertion of a functional difference           
          by appellant at page 9 of the brief is made without identifying             
          the claimed functional difference and without explaining how that           
          alleged difference establishes a structural difference.                     
          Consequently, we do not find those unsubstantiated contentions              
          persuasive on this record.                                                  
               We also agree with the examiner’s rebuttal of appellant’s              
          argument that there is no association of a rigid mounting ring              
          with the lug of Brookhyser as set forth at page 6 of the answer.            
          Consequently, we shall sustain the examiner’s § 102(b) rejection.           
                                 § 103(a) Rejection                                   
               At the outset, we note that appellant has not separately               
          argued the patentability of each of the claims subject to the §             
          103(a) rejection.  Consequently, we select claim 2 as the                   
          representative claim on which we shall decide this appeal as to             
          that rejection.  See 37 CFR § 1.192(c)(7) and (c)(8)(2000).                 
               Representative dependent claim 2 requires that the coupling            
          device of claim 1 be of metal construction.                                 
               Appellant contests the examiner’s obviousness determinations           
          with respect to the § 103(a) rejection by repeating the rigid               
          ring argument that was not found convincing, as discussed above.            
          Appellant further contends, in essence, that neither Brookhyser             







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