Appeal 2006-2289
Application 10/812,266
Claims 1, 2, and 9 stand rejected under 35 U.S.C § 103 as unpatentable over
Appellants’ admitted prior art in view of Drake.
OPINION
We reverse the rejection of claims 1, 2, and 9 on appeal. Assuming
arguendo that the teaching of the locating surface 110 on the nut disclosed in
Drake would have suggested the use of a locating surface on a fastener head as
claimed, that still leaves the matter that the locating surface 110 is disclosed as
square-shaped in the Drake reference. While we note that the stepped portion is
claimed as circular in claim 2, we note that the stepped portion is claimed with a
given diameter in claim 1. Thus, in all claims on appeal the stepped portion is at
least inferentially of a rounded shape. It is for this reason, that even if we assume
the obviousness of transferring a locating surface from a nut to a fastener head, we
can not agree that the square locating surface suggests the round one claimed by
the Appellants.
REMAND
This application is hereby remanded to the Examiner for findings of fact and
conclusions of law with respect to the following Mayer reference and the claimed
subject matter on appeal. The following reference is to be analyzed with respect to
the claimed subject matter:
Mayer US 6,578,939 B1 Jun. 17, 2003
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