Ex parte SMITH - Page 9




          Appeal No. 1997-2878                                                        
          Application No. 08/287,505                                                  

          connecting said socket to said second set of terminals” and                 
          “electrical components” including various terminals and                     
          electrical contacts “electrically and mechanically engaged and              
          disengaged with each other.”                                                
               Because the design patent covers and shows merely the                  
          design of a protector housing for telecommunication equipment,              
          there are no actual electrical connections shown.  Therefore,               
          the design patent does not show a  “first means for                         
          electrically connecting said plug means to said first set of                
          terminals and second means for electrically connecting said                 
          socket to said second set of terminals” or “electrical                      
          components” including various terminals and electrical                      
          contacts “electrically and mechanically engaged and disengaged              
          with each other.”  Accordingly, appellant has not shown to our              
          satisfaction that the subject matter of instant claims 3                    
          through 5 and 7 through 28 was disclosed in the earlier design              
          patent.  Therefore, appellant may not be accorded the priority              
          date of July 5, 1984 for the subject matter of these claims                 
          and Hampton is a viable reference as to such subject matter.                





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