Ex Parte Cutler et al - Page 3



             Appeal No. 2004-0787                                                                                     
             Application No. 09/827,048                                                                               

                     clip into an open condition to permit unobstructed insertion and removal                         
                     of the second conductor into and out of said contact component.                                  
                                              CITED REFERENCES                                                        
                     As evidence of unpatentability, the Examiner relies on the following                             
              references:                                                                                             
              Kubota et al.  (Kubota)               4,673,232                    Jan.  16, 1987                       
              Gelati                                4,768,976                    Sep.  06, 1988                       
              Tozuka                                5,454,730                    Oct.  03, 1995                       
                     The Examiner rejected claims 33-37, 39, 44 and 48-50 under  35 U.S.C.                            
              § 103(a) as obvious over the combination of Tozuka and Gelati; claim 38 under                           
              35 U.S.C. § 103(a) as obvious over the combination of  Tozuka and Kubota; and                           
              claim 42 under  35 U.S.C. § 103(a) as obvious over the combination of Tozuka and                        
              Gelati, as applied to claim 39, further combined with Kubota.3  (Paper no. 13, pp. 2-                   
              4).                                                                                                     
                     We have carefully reviewed the claims, specification and applied prior art,                      
              including all of the arguments advanced by both the Examiner and Appellants in                          
              support of their respective positions.   This review leads us to conclude that the                      



                      3  The Examiner has inadvertently excluded the statement of the rejection of claim 42 in the Answer,
               page 2.  However, the Examiner does provide a discussion of this rejection in response to Appellants’  
               arguments on pages 4 and 5 of the Answer.                                                              
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