Ex Parte Militz et al - Page 3

                Appeal 2007-0827                                                                               
                Application 10/220,682                                                                         
                the turning of the antenna, would also achieve the engagement of the                           
                projections (27) with the vehicle body, the projections also rotating with the                 
                antenna and with respect to the vehicle body" (page 5 of Answer, second                        
                para.).                                                                                        
                      Appellants respond to the Examiner's rationale by stating that the                       
                Examiner's "assertions are not only unsubstantiated, but plainly wrong since                   
                Chadowski explicity [sic] states that the nut (6) is 'rigidly secured' to the                  
                lower section 3 of the antenna," citing the reference at column 2, lines 22-24                 
                (page 2 of Reply Br., last para.).  Appellants contend that "the antenna and                   
                the nut 6 cannot be rotated independently of one another, as suggested by the                  
                Examiner, but instead, rotate in unison to upwardly lift the clamping fingers                  
                27 into their locking position" (page 3 of Reply Br., first sentence).                         
                Appellants maintain that "the rotation of the nut 6 and/or the antenna merely                  
                threads the lower portion 39 of the actuating element 37a through the                          
                bushing 33 to lift rather than rotate the clamping fingers 27" (page 3 of                      
                Reply Br., first para.).                                                                       
                      We note that while the Examiner noted and entered Appellants' Reply                      
                Brief, the Examiner did not respond to Appellants' argument in the Reply                       
                Brief.                                                                                         
                      Accordingly, this application is remanded to the Examiner to afford                      
                her the opportunity of responding to the pertinent argument alleged by                         
                Appellants in the Reply Brief.                                                                 







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