Appeal No. 2004-1264
Application 09/909,168
patentable” (supp. answer, page 4). Subsequently, the examiner
contends that “[s]ince the reference device has all of the same
structural elements, as noted above, it would clearly seem to be
inherently capable of performing the functions as claimed” (supp.
answer, pages 5-6).
In both the brief and reply brief, appellant acknowledges
that the posts or locking tongues (33) of the shoe cleat in
Ferreira are resiliently deflectable in the axial and
circumferential directions as they pass over successive cam
surfaces (41a) of socket side projections (41) as seen in Figure
5 of that patent. However, appellant points out that each of the
claims presently on appeal defines posts or locking members that
are resiliently deflectable in a generally radially outward
direction in response to outwardly applied forces applied to the
posts/locking members during rotary insertion thereof into a
socket, and contends that the examiner’s conclusion of inherency
in this regard is not justified by the Ferreira disclosure.
On page 8 of the answer, the examiner indicates agreement
with appellant that the posts (tongues) of Ferreira are not
taught to be deflectable in a radially outward direction,
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