Appeal 2006-2795
Application 10/689,392
1 col. 6, line 33; Figure 3). First metal seal 15 and second metal seal 55 are
2 not integral with the seal retainer 22.
3 Press discloses a swivel joint assembly with complimentary swivel
4 members 12 and 13 (col. 2, lines 15 to 17). In the embodiment depicted in
5 Figure 3, a flexible metal flange 16 integral with swivel member 13 bears
6 against a shoulder 15 of member 12 thereby creating a fluid tight seal (col. 2,
7 lines 25 to 26 and col. 2, line 70 to col. 3, line 3). In the embodiment
8 depicted in Figure 5, an annular metal element or ring 30 which is not
9 integral with the swivel member 13 provides the fluid tight seal (col. 3, lines
10 25 to 37). Press does not disclose a seal retainer or an undersea hydraulic
11 female member.
12 Press discloses that an integral seal and a non-integral seal are
13 equivalent in connection with a swivel member in a swivel joint assembly.
14 Press does not disclose metal seals for use in a female member in a female
15 hydraulic member.
16 DISCUSSION
17 The Examiner is correct that where two known alternatives are
18 interchangeable for their desired function, an express suggestion of the
19 desirability of the substitution of one for the other is not needed to render
20 such substitution obvious. See in re Fout, 675 F.2d 297, 301, 213 USPQ
21 532, 536 (CCPA 1982); In re Siebentritt, 372 F.2d 566, 568, 152 USPQ 618,
22 619 (CCPA 1967). However, we find no teaching in the prior art that it was
23 known to form seals 15 and 55 of Smith so as to be integral with the seal
24 retainer 22. While Press discloses that in a swivel joint assembly a flange
25 portion 16, which seals one swivel member to another may be formed
4
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Last modified: September 9, 2013