Ex Parte Bunch - Page 4



         Appeal No. 2007-0023                                                       
         Application No. 10/410,854                                                 
              Along the axis of the bolt b and throughout the length of             
              its body or shank, a bore a is provided which in itself in            
              the parallel portions of the shank reduces the cross-                 
              sectional area of the unthreaded body or shank to a value             
              equal to that of the core of the threaded portion, measured           
              between the deepest points of the threads, the outer                  
              diameter of the shank remaining the same as the outer                 
              diameter of this threaded portion.  This unthreaded shank of          
              the bolt is provided with annular grooves or depressions c            
              which form ring portions c’ and modify the linearity of the           
              mid-fibre along the length of the bolt and give it a wavy             
              shape such that this mid-fibre stretches yieldingly to a              
              greater extent than if it were linear. [page 2, left column,          
              lines 27-42]                                                          
         As shown in Nodière’s figure 1, the hollow portion of the shank            
         does not extend all the way through the bolt but, rather, extends          
         only from the inner end of the head to the inner end of the                
         threaded portion.  Nodière does not indicate how a bolt having             
         that hollow portion is made.                                               
              Taylor discloses a hollow bolt that is formed from a piece            
         of tubing, has an opening all the way through it, and has a                
         shouldered or square head having an enlarged recess or opening             
         (page 1, lines 20-27; figure 1).                                           
              The examiner argues that “it would have been obvious to one           
         of ordinary skill in the art to form the fastener of Nodiere to            
         be hollow the entire length thereof as discloses [sic] in Taylor           
         because such would greatly simplify the manufacture of the                 
         fastener” (answer, page 4).  Nodière’s bolt, the examiner argues,          
         likely is made by a complicated process such as forming the                
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