Ex parte MISCHENKO et al. - Page 6




          Appeal No. 96-3842                                                          
          Application 08/489,696                                                      



          (26) which extends through an aperture of the “dividing                     
          element” (i.e., between the block (14) and the retainer strip               
          (33)) and, via the contact portions on arms (28) and (30),                  
          makes a connection on opposite sides of the dividing element.               


                    Thus, since the spring contact member of either                   
          Figures 1-6 of Sterling or Figure 10 of Sterling includes all               
          of the claimed structure of the “dual beam contact” set forth               
          in appellants’ claim 9 on appeal, we will sustain the                       
          examiner’s rejection of claim 9 under 35 U.S.C. § 102(b) based              
          on Sterling. Since the patentability of dependent claims 12                 
          and 19 has not been separately argued by appellants, it                     
          follows that these claims will fall with claim 9 from which                 
          they depend.                                                                


                    Looking next at independent claim 13 on appeal, we                
          note that this claim differs from claim 9 in that it requires               
          the contact to include a first contact beam having “a distal                
          end                                                                         



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