Appeal No. 2004-0787
Application No. 09/827,048
asserts that Kubota discloses that the grip locking portion (1a) is transversely curved.
(Citing figures 1 and 7). (Final Rejection, pp. 3 and 4).
We cannot uphold the Examiner’s rejections. Figures 1 and 7 of Kubota show
the end portion of element (1), i.e., element (1a), has a curved notch. There is no
indication that the cutout notch portion of element (1a) is sufficient to conform to the
profile of the second conductor as required by the claimed invention. The Examiner
has not provided motivation for enlarging the notch portion, described by Kubota, to
conform to the profile of the second conductor and using this enlarged notch portion
in the connector of Tozuka. The mere fact that the prior art could be modified as
proposed by the Examiner is not sufficient to establish a prima facie case of
obviousness. See Fritch, supra.
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