Ex parte SMITH - Page 10




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

               We must now determine the appropriateness of the                       
          rejection of claims 3 through 5 and 7 through 28 under 35                   
          U.S.C. § 103 over Hampton.                                                  
               Appellant admits [brief-page 16] that Hampton does,                    
          indeed, include the feature of a hinged cover member being                  
          free from apertures communicating with the interior of the                  
          base member means.  Appellant merely contends that Hampton was              
          filed after the instant invention.  For the reasons supra, we               
          cannot agree.                                                               
               Appellant then makes various arguments relating to                     
          Hampton including the teaching, by Hampton, of C-shaped                     
          members disposed on the cover and on the shield means with the              
          bar provided on the base, “which is contrary to the teachings               
          of the instant invention, since the instant invention the bar               
          member provided is on the cover and the shield means with C-                
          shaped members provided on the base”[sic] [brief-page 16].                  
          Appellant also argues [brief-page 17] that the hinges of                    
          Hampton allow for the removal of the cover and shield to be                 
          effected in only particular positions and that this is                      
          different from the instant invention.  Further, appellant                   
          argues that Hampton uses terminal blocks with slots to be                   

                                         10                                           





Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: November 3, 2007