Appeal No. 2004-0053 Page 10
Application No. 09/678,635
acorn-shaped head 8 and reduced portion or neck 9 of Frisbie's check or holding stud 5.
As such claim 1 is readable on Frisbie.
The appellant has grouped claims 1 and 7 as standing or falling together.2
Thereby, in accordance with 37 CFR § 1.192(c)(7), claim 7 falls with claim 1.
In our view, dependent claim 5 is readable on Frisbie. Frisbie's rubber tip 2
placed within a metal thimble 1 is an end cap capable of being supported along a path
of travel of the lead carrier for engaging the acorn-shaped head 8 and reduced portion
or neck 9 of Frisbie's check or holding stud 5. As such claim 5 is readable on Frisbie.
For the reasons set forth above, the decision of the examiner to reject claims 1, 5
and 7 under 35 U.S.C. § 102(b) as being anticipated by Frisbie is affirmed.
In our view, dependent claims 2, 8 and 9 are not readable on Frisbie. With
regard to claim 2, it is our determination that Frisbie's check or holding stud 5 having an
acorn-shaped head 8, neck 12 and a reduced portion 9 lacks the claimed lateral side
spacing protrusion for setting the lateral interfit position of said engagement structure
with respect to said lead carrier. With regard to claim 8, it is our determination that
2 See page 7 of the appellant's brief.
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