Ex Parte MAKINO et al - Page 4




          Appeal No. 2002-1876                                                        
          Application 09/358,158                                                      

          referred to as "Br__") and reply brief (Paper No. 16) (pages                
          referred to as "RBr__") for a statement of appellants' arguments            
          thereagainst.                                                               
                                       OPINION                                        
          Grouping of claims                                                          
               The claims are grouped to stand or fall together (Br3).                


          Factual findings                                                            
               The level of ordinary skill in the art is evidenced by the             
          references.  See In re Oelrich, 579 F.2d 86, 91, 198 USPQ 210,              
          214 (CCPA 1978) ("the PTO usually must evaluate both the scope              
          and content of the prior art and the level of ordinary skill                
          solely on the cold words of the literature"); In re GPAC Inc.,              
          57 F.3d 1573, 1579, 35 USPQ2d 1116, 1121 (Fed. Cir. 1995) (the              
          Board did not err in adopting the approach that the level of                
          skill in the art was best determined by the references of                   
          record); Okajima v. Bourdeau, 261 F.3d 1350, 1355,                          
          59 USPQ2d 1795, 1797 (Fed. Cir. 2001) ("[T]he absence of specific           
          findings on the level of skill in the art does not give rise to             
          reversible error 'where the prior art itself reflects an                    
          appropriate level and a need for testimony is not shown.'").                
               Atsumi '565, Figs. 1-3, discloses the connector of claim 1             
          except for the limitation, "wherein at least one of the width and           
          thickness of the partial locking arms is set smaller than that of           

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