Ex Parte Wertz et al - Page 10




          Appeal No. 2003-1908                                                        
          Application No. 09/747,608                                                  


          circuit component 48 having contacts or leads 48b engaged with              
          the terminals 44.                                                           
               The examiner concedes that this assembly, and specifically             
          the terminals 44, do not meet the limitations in independent                
          claim 12, or the corresponding limitations in independent claim             
          18, relating to the electrical spring contact.  To overcome this            
          deficiency, the examiner turns to Takeuchi and concludes that it            
          would have been obvious “to use the Takeuchi contact in the                 
          Gronowicz housing . . . to allow connection with contact pins               
          having a varying diameter, as discussed in Takeuchi” (answer,               
          page 5).  Gronowicz, however, does not indicate that connection             
          with contact pins or leads of varying size poses any sort of                
          problem.  Simply put, the only suggestion for replacing                     
          Gronowicz’s terminals 44, specifically designed to mate with the            
          leads 48b of a circuit component 48, with Takeuchi’s receptacle             
          1, specifically designed to mate with a cable conductor of a                
          coaxial cable, stems from hindsight knowledge impermissibly                 
          derived from the appellants’ disclosure.                                    
               Accordingly, we shall not sustain the standing 35 U.S.C.               
          § 103(a) rejection of independent claims 12 and 18, and dependent           
          claims 13 through 17 and 19 through 25, as being unpatentable               
          over Gronowicz in view of Takeuchi.                                         


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