Ex Parte Bunch - Page 5



         Appeal No. 2007-0023                                                       
         Application No. 10/410,854                                                 
         hollow core as a separate tube and then attaching it to head and           
         threaded portions (answer, page 6).  The examiner argues that              
         even if Taylor’s process were modified to form a shank having              
         Nodière’s wavy hollow portion, such as by using hot or cold                
         forming and/or cutting, Taylor’s process still would be simpler            
         than forming Nodière’s shank and then attaching head and threaded          
         portions to it (answer, page 8).                                           
              Even if Taylor’s process could be modified to form Nodière’s          
         wavy hollow shank portion, the examiner’s argument is not                  
         persuasive for the following reasons.                                      
              First, the examiner has not established that the bolt                 
         performance desired by Nodière, i.e., elastic and resilient yield          
         under vibration without exceeding the elastic limit of the                 
         material of the bolt and without permanent deformation of the              
         bolt (page 1, left column, lines 10-13), could be obtained if the          
         bolt were hollow throughout its entire length.                             
              Second, extending Nodière’s hollow portion through the                
         threaded portion would prevent the cross-sectional area at the             
         core of the threaded portion measured between the deepest points           
         of the threads from equaling the cross-sectional area of the               
         unthreaded portion at all of its axial points (first page, left            
         column, lines 22-26).  The examiner argues that the hollow                 
         portion’s wall could be thinned to maintain the desired cross-             
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