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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