Appeal 2007-2875
Application 10/447,732
1 The claimed invention is directed to an extractable fastener that includes a
2 head portion, a shank portion with threads thereon, and an engagement portion
3 formed in the end of the shank portion. A cutting head for use in a stump cutting
4 apparatus which utilizes the extractable fastener is also claimed.
5 Claim 1 reproduced below is further illustrative of the claimed subject
6 matter:
7 1. An extractable faster comprising:
8 a permanent head portion, said permanent head portion having a
9 configuration suitable for receiving a driving tool;
10 a shank portion, having an end;
11 a plurality of threads on said shank portion; and
12 an engagement portion located on said end of said shank portion, said
13 engagement portion configured to cooperate with a tool used to engage and
14 extract said fastener.
15
16 The references of record relied upon the Examiner as evidence of
17 anticipation and obviousness are:
18 Manning US 4,974,649 Dec. 4, 1990
19 Grünbichler US 5,713,705 Feb. 3, 1998
20
21 Claims 1-9 and 16-20 stand rejected under 35 U.S.C. § 112, first paragraph,
22 as failing to comply with the written description requirement.
23 Claims 1-4 stand rejected under 35 U.S.C. § 102(b) as anticipated by
24 Grünbichler.
25 Claims 5-9 and 16-20 stand rejected under 35 U.S.C. § 103 as unpatentable
26 over Manning in view of Grünbichler.
27 ISSUES
28 The issues for our consideration in this appeal are whether the Appellant has
29 established the Examiner erred in rejecting claims 1-9 and 16-20 under 35 U.S.C. §
2
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