Appeal 2007-1448
Application 10/601,325
The issue before us is whether Appellants have sustained their burden of
showing that the Examiner erred in rejecting the claims on appeal as being
unpatentable under 35 U.S.C. § 103(a) over Pohle in view of Misono.
FINDINGS OF FACT
We find the following facts by a preponderance of the evidence:
1. Pohle discloses a holding clip 18 for fixing the position of a getter (Pohle,
col.1, ll. 9, 21) within an inner surface 17 of a container 11.
2. Pohle discloses a first section of the clip 18 having fingers 26 for supporting
the getter 14 thereon (Pohle col. 2 ll. 23-29).
3. Pohle discloses a second section of the clip 18 comprising legs 22 biased
against the inner surface of the container for supporting the first section and
the getter within the container. (Pohle col. 1, 50-55, col.2 ll. 1-4).
4. Pohle discloses the legs 22 of the clip 18 being bent first up then out then
down giving the connection at the up and out juncture a generally rigid right
angle formation, which according to Fig. 1 showing the clip 18 in the
inserted condition, shows the up and out juncture maintained at a generally
rigid right angle.
5. Pohle thus discloses a flexurally rigid connection connecting said first and
second sections at the right angle juncture between the bent up and then out
portions of the legs 22 while in the inserted condition of the tube 11. (Pohle
Fig. 1).
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