Appeal 2006-3059
Application 10/293,725
Appellants invented a mounting plate to which articles are secured by
threaded fasteners, the mounting plate having improved impact load
resistance properties (Specification [0001]). Claim 1, which is
representative of the claimed invention, reads as follows:
1. Mounting apparatus for supportively mounting
parts that includes:
a mounting plate having a flat top surface
and a bottom surface and at least one hole passing
through said plate;
a threaded fastener to be threadably received
in said hole;
an endless depression formed in said plate
that surrounds said hole, said depression
protruding upwardly from the top surface of the
plate; and
said depression having a size and a shape
such that the magnitude of stresses resulting from
impact loads about the at least one hole are
reduced to a level below the yield strength of the
plate
wherein said plate is fabricated of sheet
metal and the threaded fastener is a self tapping or
thread forming screw that forms a thread in said
hole upon entry therein.
Appellants seek review of the Examiner’s rejection of claims 1-3, 6,
and 7 under 35 U.S.C. � 102(b) as being anticipated by Hasan (US
5,908,278, issued June 1, 1999). Appellants also seek review of the
Examiner’s objection to the drawings and Specification. The issue of
compliance with 37 C.F.R. � 1.121(d) relates to a petitionable matter and not
to an appealable matter. See Manual of Patent Examining Procedure
(MPEP) �� 1002, 1002.02(c), and 1201. Accordingly, we will not review
the first issue raised by Appellants on page 2 of the Appeal Brief.
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