Ex Parte Barry et al - Page 5




                   Appeal No. 2005-1765                                                                                              
                   Application No. 10/208,077                                                                                        
                   “said first contact point is pressed against said third contact point and said                                    
                   second contact point is pressed against said fourth contact point” to include that                                
                   the contacts press against one another through an intermediary.1                                                  
                           Having determined the scope of the claim, we next consider the teachings                                  
                   of Nelson.  Initially we note that, contrary to the appellants’ arguments that                                    
                   address Nelson’s contacts 62 and 64, the examiner finds that Nelson’s contacts                                    
                   65 and 64 meet the claims first through fourth contacts.  Nonetheless, whether                                    
                   considering the contacts 62 and 64 or 65 and 64, we find that Nelson teaches the                                  
                   set of opposing contacts on opposing elongate bodies 63, which push against                                       
                   each other.  As can be seen from Nelson’s figure 6, contacts 62 push against                                      
                   each other through circuit board 13, and contacts 65 push against each other                                      
                   through patch plug insulating section 76.  As can be seen from Nelson’s figure                                    
                   6A, contact portions 64 press against each other through circuit board 13.  Thus,                                 
                   regardless of which pairs of contacts are considered to meet the claimed                                          
                   invention, we find that Nelson teaches the claimed contacts pressing against                                      
                   each other.  Accordingly, we sustain the examiner’s rejection of claims 1 through                                 
                   4.                                                                                                                
                           Only those arguments actually made by appellants have been considered                                     
                   in this decision. Arguments which appellants could have made but chose not to                                     
                   make in the brief or by filing a reply brief have not been considered and are                                     
                                                                                                                                     
                   1 Though not discussed by either the examiner or appellants, we additionally note that we do not                  
                   consider claim 1 to require that the first and third contacts press against each other when the                   
                   second and fourth contacts press against each other.                                                              

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