Ex Parte Venegas - Page 6

                Appeal 2007-2844                                                                             
                Application 09/829,032                                                                       
                art as a means of attaching a post to a base, whether the base include a collar              
                or another post (see, e.g., Cragg, Figure 27).  Thus, the ordinary artisan                   
                would have recognized that one could place an aperture in the collar of the                  
                support member, wherein the aperture lines up with one of the spaced-apart                   
                through-holes of the post, and then use a fastener to hold the post in an                    
                aligned, uptight position.  KSR, 127 S. Ct. at 1740, 82 USPQ2d at 1396                       
                (2007) (“[I]f a technique has been used to improve one device, and a person                  
                of ordinary skill would recognize that it would improve similar devices in                   
                the same way, using the technique is obvious unless its application is beyond                
                his or her skill.”)                                                                          
                                              CONCLUSION                                                     
                      In summary, we find that the Examiner has set forth a prima facie case                 
                of obviousness, and the rejections under 35 U.S.C. § 103(a) are affirmed.                    

                      No time period for taking any subsequent action in connection with                     
                this appeal may be extended under 37 C.F.R. § 1.136(a).                                      

                                                AFFIRMED                                                     


                Ssc                                                                                          

                GIFFORD, KRASS, SPRINKLE, ANDERSON & CITKOWSKI, P.C.                                         
                PO BOX 7021                                                                                  
                TROY, MI 48007-7021                                                                          




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