Ex Parte Engeser - Page 4




             Appeal No. 2005-0255                                                             Page 4               
             Application No. 10/190,475                                                                            



             matter is necessarily present in the thing described in the reference, and that it would be           
             so recognized by persons of ordinary skill.  Inherency, however, may not be established               
             by probabilities or possibilities.  The mere fact that a certain thing may result from a              
             given set of circumstances is not sufficient.  See In re Robertson, 169 F.3d 743, 745, 49             
             USPQ2d 1949, 1950-51 (Fed. Cir. 1999).                                                                


                    Claim 13 reads as follows:                                                                     
                           A contact piece comprising a first portion (3) for establishing a connection            
                    to a wire (6) and a second portion (5) which is bent in a sleeve-like manner so                
                    that it can be plugged onto a connecting piece (9) wherein the end of the bent                 
                    portion of the second portion (5) is not fixed to the opposite part of the second              
                    portion (5), neither when the first portion (3) is connected to a wire (6), and                
                    wherein the first portion (3) is connected to the second portion (5) via a flexible            
                    web (7) so that the second portion (5) can be bent perpendicularly to its center               
                    axis out of the line of alignment with the wire (6).                                           


                    Swengel's invention relates to flag-type pre-insulated terminal devices for the                
             type which are intended for crimping onto the end of an insulated wire to produce a fully             
             insulated termination of the wire end.  Figure 3 is a plan view of a sheet metal blank                
             from which a terminal 6 is formed.  Terminals in accordance with Swengel's invention                  
             are produced by stamping and forming of a continuous strip so that each terminal is                   
             integral with a continuous carrier strip 3 and connected thereto by means of a                        
             connecting section 5, as shown in Figure 3.  Figure 2 is a perspective view of a housing              








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