Appeal 2007-1463 Page 20
Application 10/083,492
A. Issue
The issue is whether Appellants have shown that the Examiner erred in
holding the combination of Keller and Vitali would have rendered the subject
matter of claim 23 obvious to one of ordinary skill in the art at the time of the
invention.
B. Findings of Fact
The record supports the following findings of fact (FF) by a preponderance
of the evidence.
1. We incorporate herein the facts under the Findings of Fact section for the
rejection of claims 1, 3, 5, 6, 7, 9, 13, 16-18, 24, 25, 29, 30, 35-38, 40, and 41
above and add the following facts.
2. Appellants argued that Keller does not show screws forcibly screwed in the
plate as required by claims 23 and 28. Br. 22.
3. However, as the examiner pointed out (Answer 18), Vitali at col. 3, ll. 50-52
states "...the screw 1 can be inserted by force into the hole 7..." and shows forcibly
screwing.
4. Appellants did not address Vitali.
C. Principles of Law
We incorporate herein the principles of law under the Principles of Law
section for the rejection of claims 1, 3, 5, 6, 7, 9, 13, 16-18, 24, 25, 29, 30, 35-38,
40, and 41 above.
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Last modified: September 9, 2013