Ex parte MATTIS et al. - Page 7




          Appeal No. 96-0733                                                          
          Application 08/173,805                                                      


          from some teaching, suggestion or inference in the prior art as a           
          whole or from the knowledge generally available to one of                   
          ordinary skill in the art and not from the appellant's                      
          disclosure.  See, for example, Uniroyal, Inc. v. Rudkin-Wiley               
          Corp., 837 F.2d 1044, 1052, 5 USPQ2d 1434, 1439 (Fed. Cir.),                
          cert. denied, 488 U.S. 825 (1988).                                          
               Applying this to the situation at hand, it is our conclusion           
          that the teachings of the references fail to establish the                  
          required prima facie case of obviousness, essentially for the               
          reasons expressed by the appellants on pages 5 through 7 of their           
          Brief.  We focus upon the lack in the applied prior art of any              



          teaching of utilizing a sealing gel in both of the electrical               
          connectors, as well as the failure in the prior art cited to                
          recognize, explicitly or implicitly, the concept of maintaining             
          the gel in place "before, during, and after connection," which is           
          a requirement of both of the independent claims.  It is our                 
          further view that no suggestion can be gleaned from the                     
          references which would have motivated one of ordinary skill in              
          the art to make either of the components of the Chan device of              
          elastomeric material, for no purpose would have been served by              

                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007