Appeal No. 2006-0983
Application No. 09/793,057
To maintain the desired geometry over
a wide range of prong 22 sizes, a generally
uniform ratio of cross sectional areas can be
utilized to scale the prongs 22. One ratio
which generally controls the overall taper of
the prong 22 is the ratio of the area of the
cross section of the base 26 to the area of the
cross section of the prong 22, at the highest
elevation of the prong 22. The phrase "highest
elevation" refers to the that [sic] point or
segment of the shank 28 or the engaging means
30 having the greatest perpendicular distance
from the plane of the substrate 24. Typically,
prongs 22 having a base 26 cross sectional area
to highest elevation cross sectional area ratio
in the range of about 2:1 to about 9:1 work
well.
After a careful review of Goulait and the particular portion
pointed to be the examiner regarding the aspect ratio of individual
prongs (22), we must agree with appellants’ assessment as set forth
on pages 3-5 of the brief that Goulait does not disclose an overall
aspect ratio for the hook component that falls within the range
claimed by appellants. Nor do we find that the examiner has
demonstrated that Goulait otherwise provides sufficient relevant
parameters whereby one of ordinary skill in the art could calculate
such an overall aspect ratio. Thus, we will not sustain the
examiner's rejection of claim 1, or claims 2 through 4 and 8
through 16, which depend therefrom, under 35 U.S.C. 102(b) as being
anticipated by Goulait.
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