Ex Parte Bunch - Page 8



         Appeal No. 2007-0023                                                       
         Application No. 10/410,854                                                 
         prevent severe concentration of vibratory stresses at any point            
         and distribute them over such a large area that the fatigue or             
         endurance limit of the metal is not exceeded, the pin is undercut          
         between the last full thread and the body of the rod to a                  
         diameter less than the minor diameter of the threaded section              
         (page 1, lines 69-72).  The surface formed by the undercutting             
         has smooth transitory curves joining the threaded section and the          
         body (page 1, lines 73-76).                                                
              The examiner argues that “it would have been obvious for one          
         of ordinary skill in the art to form the device of modified                
         Nodiere with only a single continuous curve between the head and           
         thread in view of the teachings of Wescott.  A continuous curve            
         would be advantageous depending upon the particular application”           
         (answer, page 4).  The examiner acknowledges (answer, page 10)             
         that the examiner’s proposed modification of Nodière is contrary           
         to Nodière’s requirement that the cross-sectional area at the              
         deepest point of the thread is equal to the cross-sectional area           
         of the unthreaded shank at all of its axial points (page 1, left           
         column, lines 19-26).  The examiner argues that “the skilled               
         artisan would modify Nodiere, admittedly not maintaining the               
         constant cross-sectional area, to reduce the cross-sectional area          
         of the shank portion as disclose [sic] in Wescott in order to              
         further improve the characteristics of the bolt in resisting               
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Last modified: September 9, 2013