Ex Parte Smolarek - Page 6



             Appeal 2006-2838                                                                                   
             Application 10/257,576                                                                             
             10 were to bulge towards the nut, then the teeth 13 on the washer would not                        
             properly engage the teeth 14 on the nut.                                                           
                   Claims 63 and 64 recite a tool that can engage a plurality of spring action                  
             joints according to claims 39 and 41, respectively, so that the plurality of spring                
             action joints can be torqued simultaneously.                                                       
                   Neither claim 39 nor 41 describes a particular configuration for the outer                   
             peripheries of the claimed threaded part or of the claimed washers.                                
                   The specification describes, “The fasteners are depicted with double-hex                     
             configuration on their periphery 213, 493, although hexagonal and other tool                       
             engaging shapes are equally possible” (Specification, as amended, p. 22).                          
                   Junkers discloses a tool 7 that simultaneously provides torque to a plurality                
             of joints 4, 6 (Junkers, Figure 5 and col. 3, ll. 3-10).                                           
                   The joints of Junkers include gears 6 and the tool 7 has a plurality of teeth 8              
             corresponding to the teeth of the gears 6 (Junkers, col. 2, ll. 42-43).                            
                   The tool disclosed in Junkers is capable of engaging a plurality of spring                   
             action joints, such as those recited in claims 39 and 41.                                          

                                           PRINCIPLES OF LAW                                                    
                   “A claim is anticipated only if each and every element as set forth in the                   
             claim is found, either expressly or inherently described, in a single prior art                    
             reference.” Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d 628, 631, 2                   
             USPQ2d 1051, 1053 (Fed. Cir. 1987), cert. denied, 484 U.S. 827 (1987).                             



                                                       6                                                        



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: September 9, 2013