Ex Parte Smolarek - Page 4



             Appeal 2006-2838                                                                                   
             Application 10/257,576                                                                             
                5. Claim 60 stands rejected under 35 U.S.C. § 103(a) as being unpatentable                      
                   over Thompson, McCoy, and Walton.                                                            
                6. Claim 63 stands rejected under 35 U.S.C. § 103(a) as being unpatentable                      
                   over Thompson and Junkers.                                                                   
                7. Claim 64 stands rejected under 35 U.S.C. § 103(a) as being unpatentable                      
                   over Thompson, McCoy, and Junkers.                                                           

                                                FIRST ISSUE                                                     
                   The Appellant contends claims 39, 40, 45, 47, 49, 51-53, 61, 62, 66, 67, 69,                 
             75-79, and 82 are not anticipated by Thompson, and claims 41-44, 46, 48, 50, 54,                   
             57, 60, 63, 64, 65, 68, 70, 73, 74, and 80 are not rendered obvious by Thompson in                 
             combination with other prior art references, because Thompson fails to teach or                    
             suggest a washer that is resiliently deformable (Brief 8-14).  The Examiner                        
             contends Thompson discloses that element 10 is a “spring washer,” and therefore it                 
             must have elastic properties (Answer 10).  The Examiner further contends that                      
             Thompson’s washer 10 will elastically deform as it move towards the nut 4 when                     
             the teeth 13 of the nut 4 interact with the teeth 12 of the washer 10 (Answer 10-                  
             11).  The issue before us is whether the Appellant has shown that the Examiner                     
             erred in finding that Thompson teaches or suggests a washer that is resiliently                    
             deformable at least up to when it is subjected to a joint preloading force created by              
             tightening the joint up to a preloaded state.                                                      




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