Ex Parte Virgil et al - Page 4

                Appeal 2006-3059                                                                                
                Application 10/293,725                                                                          
                   1. In the preferred embodiment, the fastener 24 has a thread diameter T                      
                       of 0.212 inch, which is greater than the aperture 22 diameter “in the                    
                       general range of 0.200 inch” (Hasan, col. 3, l. 67 to col. 4, l. 3).                     
                   2. The tip 32 of fastener 24 is of a self-tapping configuration (Hasan, col.                 
                       4, ll. 13-14).                                                                           
                   3. The sleeve 38 circumscribing the aperture 22 depends from the                             
                       underside 36 of the plate 10 a sufficient distance to receive and                        
                       maintain the fastener 24 perpendicular to the plate 10 and, in                           
                       particular, has a length L “dimensioned to span approximately at least                   
                       one [thread] pitch of the fastener” (Hasan, col. 4, ll. 27-32 and 46-52).                
                   4. The fastener 24 “threadably engages the aperture 22” (Hasan, col. 4,                      
                       l. 59).                                                                                  
                   5. Hasan’s “plate is preferably provided to the installer as an assembly                     
                       with the fastener threaded into the hole in the plate” (Hasan, col. 2, ll.               
                       51-53).                                                                                  
                       Appellants theorize that, rather than forming threads, “when the                         
                slightly larger diameter screw passes through the hole of the relatively                        
                lightweight material of the plate 10, the diameter of the hole in the plate is                  
                expanded to accommodate the slightly larger diameter screw” (Appeal                             
                Br. 3).  This theory is not supported by evidence and is expressly belied by                    
                the teachings of Hasan cited above.                                                             
                       Appellants additionally argue, in essence, that Hasan’s teaching that                    
                the sleeve 38 maintains the fastener 24 perpendicular to the sleeve “without                    
                shaving, penetrating or otherwise damaging the protective anti-corrosion                        
                coating of the fastener” (Hasan, col. 4, ll. 57-59) indicates that the fastener                 
                does not form a thread (Appeal Br. 3).  Hasan is very clear, as discussed                       

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