Appeal 2007-2577
Application 90/006,344
power cord or another rope light. The case law does not require the
reference and the claimed invention to have precisely the same purpose.60
Prazoff argues that Tsui does not explicitly disclose that the
sleeve 505 is axially slidable.61 Prazoff is correct that Tsui neither illustrates
nor describes the sleeve 505 as moving axially. A reference, however, must
be considered together with the knowledge of one of ordinary skill in the
pertinent art. A reference need not explain every detail since it is speaking
to those skilled in the art.62 Tsui's sleeve 505 has a shoulder 710 that abuts a
ring stopper 705 on the connector. Moreover, the connector has a face
abutting the shoulder 710 that is broader than needed for the sleeve to rotate
freely. Finally, the inner threads 720 on the sleeve 505 are spaced apart
from both the stopper ring 705 and the gasket 323, providing room for the
sleeve 505 to move axially. Despite Tsui's silence on the question, we find a
preponderance of the evidence supports the examiner's position that one of
skill in the art would understand that Tsui's sleeve 505 moves axially.
Level of skill in the art
We look to the evidence of record—the applicant's disclosure, the
cited references, and any declaration testimony—in resolving the ordinary
level of skill in the art.63 In particular, we are interested in what those of
skill in the art knew and could do at the time of filing. Prazoff's disclosure
60 In re Dillon, 919 F.2d 688, 692-94, 16 USPQ2d 1897, 1901-02 (Fed. Cir.
1990) (en banc); In re Beattie, 974 F.2d 1309, 1312, 24 USPQ2d 1040, 1042
(Fed. Cir. 1992)
61 Br. 37 n.3. The functional limitation in claim 9 is "movable axially".
62 In re Paulsen, 30 F.3d 1475, 14_, 31 USPQ2d 1671, 1675 (Fed. Cir.
1994).
63 Ex parte Jud, 2006 WL 4080053 at *2 (BPAI) (rehearing with expanded
panel).
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