Ex Parte Smith - Page 11



              Appeal 2007-1748                                                                                               
              Application 10/679,908                                                                                         

              cylindrical tail portion 74 of the male member 13 of Smith with such a ring and                                
              groove mechanism to limit axial movement of the tail 74 once it is inserted into a                             
              receiving opening to effect coupling.  Further, such a modified tail structure in                              
              Smith would be capable of being inserted into a receiving opening in a manifold                                
              and held in place by the action of the retaining ring.                                                         
                      Claim 5 recites the retaining ring being held in place by a snap ring.  As                             
              found supra, Smith discloses that the retaining ring 24 can be a snap ring (Smith,                             
              col. 6, l. 26).                                                                                                
                      The feature of claim 6 of providing for two grooves to accommodate varying                             
              plate thicknesses cannot be seen as an unobvious feature in that common sense                                  
              dictates that groove placement must be located coincidentally with an abutment                                 
              surface on the plate or within a receiving opening to effect a locking connection.                             
              The application of common sense may control the reasoning to combine prior art                                 
              teachings.  See KSR, 127 S.Ct. at 1742, 82 USPQ2d at 1397.                                                     
                      Since the subject matter of claims 8 and 9 is the same as that recited in                              
              claims 2 and 3, respectively, our reasons for finding claims 8 and 9 unpatentable                              
              are the same as set forth supra.                                                                               
                                          CONCLUSIONS OF LAW                                                               
                      We conclude:                                                                                           
                      1.  We sustain the Examiner’s rejection of claims 1-3 under 35 U.S.C.                                  
              § 102(b) as being anticipated by Smith.                                                                        


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