Appeal 2006-2970
Application 09/224,340
Groups VI and VII - claims 4 and 5
The Examiner finds that the screws 90 in Harris are configured to
clutch when tightened to apply a predetermined amount of force and the
selection of an optimum value of force is a matter of routine skill in the art
(Rejection 4-5).
Appellant argues that Harris does not disclose that the screws are
configured to "clutch" when the screws are tightened to apply a
predetermined amount of force, as recited in claim 4, and specifically to 70
pounds per screw as recited in claim 5 (Br. 12-13, Br. 23).
The Examiner responds that a predetermined amount of force is
optimization of a result effective variable (Answer 9).
Claim 4 requires that the screws are configured to "clutch" when
tightened to apply a predetermined amount of force. "Clutch" is a term of
art that means that the screws can be turned without further tightening to
apply a predetermined amount of force (Specification 10, ll. 14-15). Normal
screws will just strip the thread on the screw or in the hole when
overtightened. The Examiner's reasoning does not account for the "clutch"
language and we do not find any teaching of clutching in either Mazura or
Harris. The rejection of claims 4 and 5 is reversed.
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