Ex Parte Smolarek - Page 2



             Appeal 2006-2838                                                                                   
             Application 10/257,576                                                                             
                                        STATEMENT OF THE CASE                                                   
                   The Appellant appeals the Examiner’s final rejection of claims 39-54, 57,                    
             60-70, and 73-80, and 821 under 35 U.S.C. § 134 (2002).  We have jurisdiction                      
             under 35 U.S.C. § 6(b) (2002).                                                                     

                                         SUMMARY OF DECISION                                                    
                   We AFFIRM-IN-PART.                                                                           

                                              THE INVENTION                                                     
                   The Appellant invented a washer and threaded fastener assembly for                           
             securing a work piece in position (Specification 1: 4-5).  The assembly opposes                    
             unintentional loosening or unthreading, and allows for proper fastener preloading                  
             (Specification 1: 6-9).  Claims 39 and 63, reproduced below, are representative of                 
             the subject matter on appeal.                                                                      

                   39. A spring action joint having at least two parts comprising,                              
                   a threaded part having a body with two opposed sides and a circular series of                
             ramp structures on at least one of the two opposed sides, and                                      
                                                                                                               
             1 Claims 1-38 are canceled, and claims 55, 56, 58, 59, and 72 are objected to as                   
             being dependent on a rejected base claim.  Although claims 71 and 81 are listed in                 
             both the Appellant’s Brief (Br. 2) and the Final Office Action (p. 1) as being                     
             rejected, the Examiner has not provided any statutory basis for the rejection of                   
             these claims in the Final Office Action or Examiner’s Answer.  As such, we find                    
             that these claims have not been finally rejected and thus are not before us for                    
             review.                                                                                            
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