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Ex parte NAITO et al. - Page 7
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Board of Patent Appeals and Interferences > 1998 > 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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Last modified: November 3, 2007
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