Ex Parte Frattarola - Page 6



             Appeal 2007-0676                                                                                  
             Application 09/803,221                                                                            
             (Damm, col. 1, ll. 6-18).  One object of Damm’s connecting element is “to provide                 
             a sound decoupling connecting element … which is comprised of as few parts as                     
             possible” (Damm, col. 3, ll. 13-15).  In particular, Damm discloses a connecting                  
             element 1 consisting of two parts, a screw 2 and a formed body 3 (Damm, col. 6,                   
             ll. 48-50).  The screw 2 has a head 4, a shaft 8 having a smooth part and a threaded              
             part, and an upset swelling 13, which protrudes radially from the otherwise smooth                
             diameter of the smooth part of the shaft (Damm, col. 6, ll. 51-67).  The swelling 13              
             forms a shoulder 14 in an axial direction of the shaft 8 (Damm, col. 7, ll. 1-2).  In             
             use, the swelling 13 acts as a stop 24 against a corresponding counterstop 25 in the              
             opening 16 of formed body 3 (Damm, col. 7, ll. 26-28).  Once the connecting                       
             element 1 is assembled as a pre-mounted unit, by inserting the screw 2 into the                   
             formed body 3, the screw 2 is then held in the formed body, so that it cannot be                  
             lost, in part by stop 24 and counterstop 25 (Damm, col. 7, ll. 28-32).  As such,                  
             Damm teaches that a captive screw can be formed by the cooperation of a collar                    
             (swelling 13) formed on the shank of a screw and a corresponding counterstop in                   
             the opening of a ferrule (formed body 3).                                                         
                                                                                                              
                                           PRINCIPLES OF LAW                                                   
                   To assess an obviousness determination, we must first ascertain the scope of                
             the claims.  We determine the scope of the claims in patent applications not solely               
             on the basis of the claim language, but upon giving claims their broadest                         
             reasonable construction in light of the specification as it would be interpreted by               



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