Ex Parte NAKANO - Page 6


          Appeal No. 1997-1332                                                        
          Application 08/217,079                                                      
          resilently retained in each case member even when the case                  
          members are separated from one another.                                     
               The combined teachings and suggestions of the six references           
          relied upon by the examiner in the initially stated rejection               
          would not have led the artisan to the claimed subject matter.               
          The examiner has provided little reasoning to persuade us that              
          the artisan would have found it obvious to have combined the                
          teachings of the references to yield the features of the above              
          quoted material of each independent claim on appeal.                        
               The principal references to Konno and Heilmann appear to be            
          presumptively combined by the examiner.  From our study of each             
          of them, we find first that Konno's ferrite members 4 and 5                 
          appear to be fixedly retained within their respective cover                 
          portions 13, 14 with no free movability therewithin.  On the                
          other hand, Heilmann's inductive clip-on pulse pick-up device               
          permits the assembled ferrite members 18 and 19, which are                  
          adhesively attached to their respective synthetic resin holders             
          20 and 21, to move freely within each of the handle portions of             
          the device in Figure 1 by means of the bias spring means 24, 25             
          and the projections 22 which allow the assembled holders 20, 21             
          to move somewhat freely within the jaw shells 10 and 11.  We are            
          unpersuaded by the examiner's reasons for utilizing the teachings           
          of Heilmann in the device of Konno and we can find none of our              
          own from the teachings and suggestions of both references.                  
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