Ex Parte Barry et al - Page 3




                   Appeal No. 2005-1765                                                                                              
                   Application No. 10/208,077                                                                                        
                                                             Opinion                                                                 
                           We have carefully considered the subject matter on appeal, the rejection                                  
                   advanced by the examiner and the evidence of anticipation relied upon by the                                      
                   examiner as support for the rejection.  We have, likewise, reviewed and taken                                     
                   into consideration, in reaching our decision, the appellants’ arguments set forth in                              
                   the brief along with the examiner’s rationale in support of the rejection and                                     
                   arguments in rebuttal set forth in the examiner’s answer.                                                         
                           With full consideration being given to the subject matter on appeal, the                                  
                   examiner’s rejection and the arguments of appellants and examiner, for the                                        
                   reasons stated infra we affirm the examiner’s rejection of claims 1 through 4                                     
                   under 35 U.S.C. § 102.                                                                                            
                           At the outset we note that the appellants’ arguments only address                                         
                   independent claim 1, accordingly we group claims 1 through 4 and treat claim 1                                    
                   as the representative claim.  See 37 C.F.R. § 1.192(c) (7) (July 1, 2003) as                                      
                   amended at 62 Fed. Reg. 53196 (October 10, 1997), which was controlling at the                                    
                   time of appellants filing the brief.                                                                              
                           Appellants argue, on pages 5 and 6 of the brief:                                                          
                         Nelson does not disclose or suggest the presently claimed invention                                         
                         including the first contact point being pressed against the third contact point                             
                         and the second contact point being pressed against the fourth contact point.                                
                           Nelson discloses contact points 62 and 64 referring to Figures 11-15.                                     
                           The contact points contact the printed circuit board 13 however; they                                     
                         are not pressed against each other.                                                                         




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