Ex Parte Asada - Page 15




               Appeal No. 2006-2169                                                                       Page 15                   
               Application No. 09/899,919                                                                                           


                                                     1. Claim Construction                                                          
                       Claim 3 recites in pertinent part the following limitations: "the side edge of said                          
               positioning slit for said each of the blade portions projects a gable wedge. . . ."  Giving                          
               the claim the broadest, reasonable construction, the limitations require that the cutting                            
               edge of the blade parts be formed as a gable wedge.                                                                  


                                                2. Obviousness Determination                                                        
                       Although Herrmann's blade parts pierce the insulating sheath of a fiber-optic                                
               cable, supra, the reference does not detail the shape of the edge of the blade parts.  By                            
               not disclosing a particular shape, we find that Herrmann suggests that any known shape                               
               could have been used.  The appellant does not deny that employing a gable wedge to                                   
               provide a sharp edge was known in the art.  Because Herrmann suggests that any                                       
               known shape could have been used; and a gable wedge would have improved the ease                                     
               of cutting; we find that those skilled in the art would have been motivated to form the                              
               edge of the blade parts as a gable wedge.  Therefore, we affirm the rejection of claim 3.                            
                                                                                                                                   















Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next 

Last modified: November 3, 2007