Appeal No. 2003-0040 6
Application No. 09/314,079
Dannhauser pertains to a manhole cover comprising a lid 2 having a replaceable
insert plate 5 secured thereto by screw connections 14. The screw connections are
made by inserting screws from below through holes in the lid and into corresponding
blind threaded bores in the underside of the insert plate. Johnson relates to an
improved gasket for use with manhole covers. In Johnson, manhole cover 10 is
secured to frame by a plurality of bolts 21, typically four in number.
In the present case, the examiner’s rejection is deficient for at least the following
reasons. First, it is not clear precisely how the examiner proposes to modify Papp in
order to meet the limitations of the appealed claims calling for a mat having at least
three circumferentially spaced holes, and a plurality of cooperating fasteners for
securing the mat to the cover. In this regard, it is not clear whether the examiner
proposes to (a) provide a plurality of bolts similar to bolts 33 in Papp, or (b) retain the
single bolt 33 of Papp and provide additional threaded fasteners directly securing
coverplate 31 to cap 27.
Second, regardless of the intended modification of Papp in view of Dannhauser
or Johnson, the teachings of the applied references do not provide a reasonable basis
for concluding that it would have been obvious to one of ordinary skill in the art to
modify Papp in a manner that results in a mat having at least three circumferentially
spaced holes and a plurality of cooperating fasteners for securing the mat to a roadway
cover. Concerning modification (a), modifying Papp by providing a plurality of bolts
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