Appeal No. 2007-0023
Application No. 10/410,854
sectional area ratio (answer, page 7). The examiner, however,
has not established that one of ordinary skill in the art would
have expected that if the hollow portion wall were thinned,
Nodière’s desired elastic and resilient yield under vibration
without exceeding the elastic limit of the material of the bolt
and without permanent deformation of the bolt would be obtained
(page 1, left column, lines 10-13).
Third, the examiner has not established that if Nodière’s
hollow portion were extended such that the bolt appears hollow at
each end, the bolt would look like an ordinary bolt regularly
used in practice as desired by Nodière (page 1, right column,
line 55 – page 2, left column, line 2). The examiner argues that
Nodière does not state that the ordinary look is critical or
preclude the bolt from having open ends (answer, page 8). The
examiner argues that the presence of Nodière’s depressions c and
c’ along the hollow portion indicates that Nodière gives
“ordinary” a meaning broad enough to encompass a bolt having an
opening at each end (answer, pages 8-9). Nodière’s goal is to
make a bolt that looks like an ordinary bolt yet has increased
elastic deformation (page 1, second column, line 51 – page 2,
left column, line 2). Nodière achieves that goal by using a
shank that is hollow and has annular grooves (page 2, left
column, lines 3-17). The bolt having that shank is the bolt
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