Ex Parte Molenaar - Page 5



            Appeal 2007-1792                                                                                 
            Application 10/050,834                                                                           
                                           FINDINGS OF FACT                                                  
                   We find the following enumerated findings to be supported by at least a                   
            preponderance of the evidence.  Ethicon, Inc. v. Quigg, 849 F.2d 1422, 1427, 7                   
            USPQ2d 1152, 1156 (Fed. Cir. 1988) (explaining the general evidentiary standard                  
            for proceedings before the Office).                                                              

                   1. As shown in Figure 6, Mizusawa discloses a ball joint comprising an                    
                      elongated shaft, a ball 2, a retaining member 20, a housing 6, and a                   
                      fastening means (29 and interconnected threaded portions of 6 and 20)                  
                      for fastening the retaining member 20 in the housing 6.  The shaft 1 has               
                      an upper end, a lower end, and a longitudinal axis running through the                 
                      upper end and the lower end.  The shaft is threaded on the lower end.                  
                      The ball 2 is rigidly fixed and surmounted on the upper end of the shaft 1.            
                      The ball 2, at a highest point opposite the upper end of the shaft 1, has a            
                      truncated flat face (Mizusawa, Fig. 6).  The retaining member 20 is                    
                      externally threaded, (Mizusawa, col. 5, ll. 61-64), on its lower end.  The             
                      housing 6 has an outside surface, a middle portion, and a lower end. The               
                      housing 6 is internally conformed at the lower end of the housing 6. The               
                      middle portion of the housing 6 is internally threaded (Mizusawa, col. 5,              
                      l. 51-54).  The middle portion includes externally threaded clamping                   
                      screw 5 that provides a means for attaching the housing 6 to a support                 
                      arm of a suspension system.  (Mizusawa, Fig. 6).                                       
                   2. Edwards discloses a lubricating port for insertion of lubrication into the             
                      bore of a ball joint (Edwards, col. 2, ll. 10-13, Fig. 1).  Edwards teaches            
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