Ex parte NAITO et al. - Page 7



            Appeal No. 96-0496                                                                           
            Application No. 08/131,332                                                                   

                                   INDEPENDENT CLAIMS 11 AND 12                                          
                  Independent claim 11 requires that the upper and lower arms                            
            of the yoke be “respectively provided with openings therein for                              
            attachment to facing upper and lower sides respectively of the                               
            cartridge casing via ultrasonic welding.”  See instant Figure                                
            3(b).                                                                                        
                  Independent claim 12 requires that the upper and lower arms                            
            of the yoke be “respectively affixed to facing upper and lower                               
            sides of the cartridge casing via an outsert molding process such                            
            that the upper and lower arms are embedded in a material of which                            
            the cartridge casing is formed.”  See instant Figure 3(c).                                   
                  The examiner contends that it would have been obvious to                               
            attach the upper and lower arms of the yoke of Tadokoro, as                                  
            modified by Nemoto, “by an adhesive[,] or by an ultrasonic                                   
            welding with openings or by an outsert molding process” [page 7-                             
            supplemental answer] because these are “well known means to                                  
            rigidly secure two components.”  We disagree.                                                
                  The rejection of claims 11 and 12 must fall because the                                
            examiner’s premise, i.e. that Tadokoro is properly modified by                               
            the teaching of Nemoto, is flawed for reasons supra.  There is                               
            clearly no teaching or suggestion by either Tadokoro or Nemoto,                              
            or a combination thereof, of affixing the arms of the yoke in                                
            Tadokoro either by ultrasonic welding, by providing the arms with                            
            openings, or by an outsert molding process, as claimed.                                      


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