Appeal 2006-3320
Application 10/417,638
transversal play of these elements with respect to the [bolt’s] longitudinal axis A”
(col. 2, ll. 4-10, 25-31, 45-56; fig. 2). In the embodiment shown in figure 11,
which is the reverse of the figure 2 embodiment, the bolt includes a crimp (42) that
overlaps the pressure ring’s flange 32 (col. 3, ll. 58-61). With respect to the
figure 11 embodiment the Examiner relies upon Bydalek’s thrust washer (14) as
corresponding to the Appellant’s washer, Bydalek’s pressure ring (16) as
corresponding to the Appellant’s body, and Bydalek’s crimp (42) on bolt 12 as
corresponding to the Appellant’s cap (Final Rejection 7).
The Examiner argues regarding the figure 2 embodiment (Answer 4-5):
[T]he examiner agrees with appellant’s understanding of Bydalek and that
Bydalek’s specification does refer to element 16 as “pressure ring” but, this
does not preclude the elements from reading on “a cap” in the context of the
claims. Indeed, the claims do not require any specific structure or
orientation of the “cap”. While appellant’s disclosure teaches that the cap
covers [the] entirety [of] the nut or bolt head this is simply not claimed.
Furthermore, appellant fails to explain why Bydalek’s element 16 is not a
cap. According to Webster’s a “cap” is “anything for capping” thus
according to the plain meaning, as provided by Webster’s, the “clamping
[sic, pressure] ring” is properly read as “a cap” since it is an element for
capping in that it caps the flange element (22) as shown in Bydalek.
With respect to the figure 11 embodiment the Examiner argues (Answer 5),
regarding claims 20 and 29 which require that the cap is telescoped over the body
(and claims 15 and 26 which require that the cap extends downward from the
body):
Appellant contends that the element 12 is not “a cap” since it is described as
a bolt. Similar to the above arguments, the examiner agrees with appellant’s
understanding of Bydalek and that Bydalek’s specification does refer to
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Last modified: September 9, 2013