Appeal 2007-2875
Application 10/447,732
1 112, first paragraph; whether the Appellant has established that the Examiner erred
2 in rejecting claims 1-4 under 35 U.S.C. § 102(b); and whether the Appellant has
3 established that the Examiner erred in rejecting claims 5-9 and 16-20 under 35
4 U.S.C. § 103.
5 FINDINGS OF FACT
6 The following are our findings of fact with respect to the scope and content
7 of the prior art and the differences between the prior art and the claimed subject
8 matter. Grünbichler discloses a tamper-proof bolt. As shown in Figure 1,
9 Grünbichler shows a permanent head portion 2, a threaded shaft section or shank 1
10 and an engagement portion 6 located on the end of the shank portion. Grünbichler
11 also discloses a torque head formed on the permanent clamping head of the
12 fastener. The torque head 3 is supplied with a circular hole 5 that extends down
13 through the torque head. As the fastener is tightened the torque head 3 detaches
14 from the permanent head 2 leaving the permanent head which is shaped so as to
15 prevent the permanent head from being tampered with or removed with pliers or
16 the like. (Grünbichler, col. 3, ll. 11-25). When it is desired to remove the tamper-
17 proof fastener, a drill bit is placed in the slight indentation left from the removal of
18 the cylindrical aperture 5 of torque head 3 and a hole is drilled through the shank
19 portion whereby a tool engages the engagement portion 6 and the fastener is
20 removed. (Grünbichler, col. 3, ll. 26-28).
21 We note the specific language of Grünbichler which states that a torque head
22 is “formed on the permanent clamping head” (Grünbichler, col. 2, l. 7 or col. 5, l.
23 46).
24 Manning discloses a stump cutting machine having a circular cutting wheel
25 12. Cutting teeth 42, 44 are placed along the periphery of the cutting wheel. The
26 cutting teeth are held in position by first and second holder members 46 and 48
3
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