Ex Parte Taylor - Page 4



              Appeal 2007-1594                                                                                             
              Application 10/600,379                                                                                       
              tubular member 42.  The Examiner regards tubular member 42 and the associated                                
              coupling 71 as the plug.  The Examiner regards member 55 which is pivotally                                  
              connected to member 71 by a pin, which could be regarded as a clevis, as the neck                            
              portion.  It is our finding that the plug, as enumerated by the Examiner, is not                             
              repositionably attached to the tub, and that the base portion is not attached to a                           
              curved surface.  Therefore, we do not find that claims 1-3 are anticipated by                                
              Murray.                                                                                                      
                     Landgrebe shows a self-aligning fastener system.  The system relies on                                
              frustoconical recesses 35, 55 formed adjacent the proximal end of one or more                                
              bores.  These recesses are beneficial in improving the alignment of a fastener                               
              within its bore during assembly.  See col.4, ll. 1-20.                                                       
                     Schroeder discloses a mounting arrangement for a stanchion placed upon a                              
              moving vehicle such as an automobile.  Schroeder discloses a hemispherical seat 8                            
              or ball washer that cooperates with a hemispherical recess on the base of the                                
              stanchion so that the coupling may be variably positioned to a vertical position or a                        
              variable inclination according to the desired orientation of the stanchion.                                  

                                               PRINCIPLES OF LAW                                                           
                     The prior art may anticipate a claimed invention, and thereby render it                               
              non-novel, either expressly or inherently.  In re Cruciferous Sprout Litig., 301 F.3d                        
              1343, 1349, 64 USPQ2d 1202, 1206 (Fed. Cir. 2002), cert. denied, 538 U.S. 907                                
              (2003).  Express anticipation occurs when the prior art expressly discloses each                             
              limitation (i.e., each element) of a claim.  Id. In addition, [i]t is well settled that a                    

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