Appeal 2007-2537
Application 11/170,468
1 label could be damaged is not commensurate in scope with the full breadth
2 of the claim language. Applicants have failed to submit evidence that
3 crimping would have any adverse effect of a painted temperature sensitive
4 indicator for example.
5 Claim 3 recites that the connector performance indicating section is
6 located on the compressible section. The connector performance indicating
7 section comprises a label (claim 1). Applicants have failed to direct us to
8 evidence to support the assertion that one of ordinary skill in the art would
9 not put the label on the compressible section, since doing so would damage
10 the label once the connector is crimped onto the conductor6.
11 We will not credit Applicants’ unsupported argument. Rohm & Haas
12 Co. v. Brotech Corp., 127 F.3d 1089, 1092, 44 USPQ2d 1459, 1462 (Fed.
13 Cir. 1997) (Nothing in the rules or in jurisprudence requires trier of fact to
14 credit unsupported or conclusory assertions). Based on the record before us,
15 it would have been obvious to locate the temperature indicator (label) on the
16 compressible portion of the connector, e.g., the portion of the connector that
17 would be subjected to an overload or overtemperature.
18 Accordingly, with respect to claims 11, 13-18 and 21 we sustain the
19 Examiner’s rejections.
6 Paragraph 0037 of the Specification, which Applicants direct our attention
to, does not support the assertions made either. The paragraph describes that
indicia stamped on the connector may become distorted or smeared after the
crimp is made. However, there is no discussion that labels will be damaged
or would not function for their intended use.
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