Ex Parte Asada - Page 13




               Appeal No. 2006-2169                                                                       Page 13                   
               Application No. 09/899,919                                                                                           


               there is no teaching for engagement counterparts on the housing. . . ."  (Reply Br. at 3-                            
               4.)                                                                                                                  


                                                     a. Claim Construction                                                          
                       "Claims must be read in view of the specification, of which they are a part."                                
               Markman v. Westview Instruments, Inc., 52 F.3d 967, 979, 34 USPQ2d 1321, 1329                                        
               (Fed. Cir. 1995)(en banc).  Here, claim 1 further recites in pertinent part the following                            
               limitations: "said housing has stopper retaining portions for holding said plate-like                                
               portion of said stopper, said stopper retaining portions engaging a retaining side of said                           
               plate-like portion and having a cross-section perpendicular to the cord insertion direction                          
               of said optical fiber cord. . . ."  Figures 8A – 8C of the appellant's specification,                                
               moreover, show the "stopper" as a clip.  Reading the representative claim in view of the                             
               specification, the limitations require a retaining part for engaging a retaining pip of a clip,                      
               thereby holding the clip in place, wherein the retaining part is perpendicular to the                                
               insertion direction of the aforementioned fiber optical cord.                                                        


                                                b. Obviousness Determination                                                        
                       "'A prima facie case of obviousness is established when the teachings from the                               
               prior art itself would appear to have suggested the claimed subject matter to a person of                            
               ordinary skill in the art.'"  In re Bell, 991 F.2d 781, 783, 26 USPQ2d 1529, 1531 (Fed.                              








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