Ex Parte Schreiber et al - Page 7



            Appeal 2007-3126                                                                               
            Application 10/359,275                                                                         

            represented by the references.  See In re Oelrich, 579 F.2d 86, 91 (CCPA 1978)                 
            ("the PTO usually must evaluate both the scope and content of the prior art and the            
            level of ordinary skill solely on the cold words of the literature"); In re GPAC Inc.,         
            57 F.3d 1573, 1579 (Fed. Cir. 1995) (Board did not err in adopting the approach                
            that the level of skill in the art was best determined by the references of record).           
                  Also, Appellants have made no “secondary considerations” argument.                       

                                                ZUNICK                                                     
                  Comparing claim 1 to Zunick, the recited “a vacuum assembly having                       
            switching contacts disposed therein, one of the switching contacts being a movable             
            switching contact that is movable along an axis,” reads on Zunick’s stationary                 
            contact 14 and movable contact 15.  The recited “a tube disposed along the axis                
            and operable to actuate movement of the movable switching contact along the                    
            axis” reads on operating rod or shaft 25, which is formed of a suitable high voltage           
            insulating material, such as a filament wound epoxy (col. 3, ll. 45-47).  Shaft 25 is          
            connected to the movable contact 15 via a contact rod 20, to which shaft 25 is                 
            connected by a tubular connector 26 (col. 3, ll. 45-48; col. 4, ll. 20-22).  Shaft 25 is       
            tubular (col. 5, l. 5) and receives in its outermost end portion an end connector              
            member or shaft coupler 49, to which is secured the inner flange of a rolling                  
            diaphragm 43 (col. 5, ll. 39-68).  This diaphragm and bellows 22 (surrounding rod              
            20) cooperate to maintain constant the size of chamber 29, which contains                      
            insulating oil 30 (col. 6, ll. 9-16).                                                          


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