Ex Parte Smolarek - Page 9



             Appeal 2006-2838                                                                                   
             Application 10/257,576                                                                             
                                              SECOND ISSUE                                                      
                   The Appellant contends claims 75-79 and 82 are not anticipated by Durbin,                    
             because Durbin discloses a washer with pawls instead of ratchet teeth (Brief 34-                   
             37).  The Examiner contends that Durbin’s pawls constitute the claimed ratchet                     
             teeth (Answer 15).  The issue before us is whether the Appellant has shown that                    
             the Examiner erred in finding that Durbin anticipates claims 75-79 and 82 under 35                 
             U.S.C. § 102(b).  More particularly, the issue before us is whether the Appellant                  
             has shown that the Examiner erred in finding that Durbin discloses a washer                        
             having ratchet teeth on at least one side.                                                         

                                            FINDINGS OF FACT                                                    
                   We find the following facts by a preponderance of the evidence:                              
                   Claim 75 requires that one of the two opposed sides of the washer have                       
             ratchet teeth.                                                                                     
                   A ratchet generally refers to “[a] wheel, usually toothed, operating with a                  
             catch or a pawl so as to rotate in only a single direction.”  McGraw-Hill Dictionary               
             of Scientific and Technical Terms, 1653 (5th ed. 1994) (Attachment 1).                             
                   A pawl generally refers to “[t]he driving link or holding link of a ratchet                  
             mechanism [that] permits motion in one direction only.”  McGraw-Hill Dictionary                    
             of Scientific and Technical Terms, 1459 (5th ed. 1994) (Attachment 2).                             
                   It is clear that persons skilled in the art recognize a mechanical difference                
             between ratchet teeth, disposed on a wheel or other component of a ratchet                         



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