Ex Parte SHEN et al - Page 7
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Board of Patent Appeals and Interferences > 2004 > Ex Parte SHEN et al - Page 7
Appeal No. 2004-0170
Application No. 09/288,450
21) and that during the shearing step the axis of the switch 16
coincides with the shearing axis 15 (see column 8, lines 36
through 43).
As these deficiencies in the Poloni references find no cure
in the examiner’s citation of either Obinata or Omori, we shall
not sustain the standing 35 U.S.C. § 103(a) rejections of
independent claims 1, 5, 11 and 15, and dependent claims 2
through 4 and 16, as being unpatentable over Poloni ‘033 in view
of Obinata or Omori and as being unpatentable over Poloni ‘291 in
view of Obinata or Omori.
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