Ex Parte Green - Page 2

              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. §                       

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