Ex Parte Clark et al - Page 4




          Appeal No. 2003-1828                                                        
          Application No. 09/592,080                                                  


          structure in order to obtain the advantages of a captive or                 
          retained fastener as disclosed by Kuzdak.  While Kuzdak may                 
          address an additional problem, i.e., preventing the pointed end             
          portion of a fastener from protruding through the retaining                 
          member (a problem which may or may not be of concern when                   
          securing an air bag sensor module to a vehicle mounting                     
          structure), that has no bearing on the fact that Kuzdak otherwise           
          provides the requisite motivation for using a captive fastener              
          arrangement to secure a base member to a support structure.  The            
          motivation arises from the desire to reap the benefit of a                  
          “captive” fastener which is taught by Kuzdak.                               
               With regard to the limitation in claims 1 and 11 that the              
          diameter of the fastener shaft be less than the minor diameter of           
          the threaded portion of the fastener, we are of the opinion that            
          that particular limitation is fairly suggested by Kuzdak (col. 3,           
          l. 6-11) which indicates that, in the assembled position, the               
          unthreaded mid-portion (or shaft) of the fastener extends within            
          the threaded passage (or aperture) in the base member, but is               
          free of any threaded engagement therewith, as shown in Figure 4.            
          By implication, therefore, the shaft diameter should be less than           
          the minor diameter of the threaded aperture and less than the               


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