Appeal 2007-1914
Application 10/378,641
questions might be reordered in any particular case, the [Graham] factors continue
to define the inquiry that controls.”).
ANALYSIS
Rejection of claims 81, 87, and 91 as anticipated by Borst
Independent claim 81 recites a link assembly comprising a grommet seated
on a sleeve nut and a spacer section on the stud shaft, “wherein the grommet and
spacer section are provided with means for engaging an arm.” The Appellants
argue that Borst teaches two cushioning elements 18, or grommets, that engage a
shackle member 13, and does not teach or suggest a spacer section provided with
means for engaging an arm (Appeal Br. 10). The Examiner found that Borst’s
spacer section is comprised of bushing 9, tapered nipple 11, one of the cushioning
elements 18 and sleeve nut 19, and that Borst’s grommet is comprised of the other
cushioning element 18 (Answer 13). We agree with the Examiner.
Borst discloses an automobile shackle bolt 10 having opposite threaded ends
and surrounded by a bushing 9 with a tapered nipple 11 therebetween and flanged
sleeve nuts 19, 20 screw-threaded onto the screw-threaded ends of the shackle bolt
10 (Findings of Fact 1 and 2). Borst discloses that cushioning elements 18 are
positioned on sleeve portions 21 of the sleeve nuts 19, 20 within an eye 15 of
shackle bar 13 and between flanges 22 of the sleeve nuts 19, 20 (Findings of Fact 3
and 4). Claim 81 merely recites “a spacer section on the stud shaft.” We find no
error in the Examiner’s finding (Answer 13) that Borst’s bushing, tapered nipple,
sleeve nut, and cushioning element collectively form a “spacer section” that spaces
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