Ex Parte Lagasse - Page 8

               Appeal 2006-2711                                                                            
               Application 10/662,935                                                                      
               flange h of the first section is securely threaded to secure the sections                   
               together.  The ring has free circular movement within the groove to permit                  
               the oblique ends of the sections to be revolved relative to one another (Smith              
               1).                                                                                         
                      Appellant argues that the knuckle joints of Thulin and the joints of                 
               Smith are so different from one another both structurally and in their                      
               operation that there would have been no suggestion to combine the                           
               references as proposed by the Examiner to associate a boss and ledge with                   
               each of the knuckle joint sections (Br. 4-5).  We agree.                                    
                      The examiner may not pick and choose from any one reference only                     
               so much of it as will support a given position, to the exclusion of other parts             
               necessary to the full appreciation of what such reference fairly suggests to                
               one of ordinary skill in the art (Bausch & Lomb, Inc., v. Barnes                            
               Hind/Hydrocurve Inc., 796 F.2d 443, 448, 230 USPQ 416, 419 (Fed. Cir.                       
               1986)                                                                                       
                      The threaded flange and ring/groove arrangement of Smith is used to                  
               secure the two joint sections together as well as to permit oblique rotary                  
               motion between the two sections.  Thulin, on the other hand, uses a separate                
               threaded member and nut to secure the parts of the knuckle joint together.                  
               The separate threaded member and nut of Thulin would not be needed on a                     
               joint secured using the threaded flange and ring/groove arrangement taught                  
               by Smith.  In short, Thulin and Smith disclose two different and mutually                   
               exclusive securement arrangements.  Consequently, one of ordinary skill in                  
               the art would not have found suggestion to use them together or to pick and                 
               choose elements of one for use on the other.                                                



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