Appeal No. 2006-1794
Application No. 10/119,186
female fastener 12 within the hole in raised boss 9. Moreover, the combination hole in raised
boss 9 and female fastener 12 is “at the end opposite to the single anchor screw,” as claimed,
because these elements are at the opposite end of the screw from the end of the screw which
pierces the surface. We find this description in Fenner to meet the broadly claimed language
“at the end opposite to the single anchor screw.”
We note that the examiner refers to anchor bolt “14” in Fenner when, in fact, the
reference numeral is indicative of the thread on bolt 13. In any event, in our view, it is fair to
say that Fenner’s transducer is a “loudspeaker,” and Fenner discloses a device for mounting
this audio loudspeaker on a surface. As can be seen in Figure 1 of Fenner, the device for
mounting is the anchor bolt 13 and the surface on which the transducer is mounted is
bulkhead 170. Therefore, Fenner does, indeed, describe the claimed “device for mounting an
audio loudspeaker on a surface comprising a mount with a single anchor screw for surface
mounting.”
For all of the reasons supra, we find that the examiner has established a prima facie
case of anticipation with regard to the subject matter of independent claim 3 which has not
been convincingly rebutted by appellant. Accordingly, we will sustain the rejection of claim
3 under 35 U.S.C. §102 (b).
With regard to dependent claim 4, this claim recites that the single anchor screw of
claim 3 includes “threading suitable for attachment to an anchor bolt element in combination
with an anchor bolt element for stable attachment to surfaces requiring an anchor bolt.”
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