Ex parte MCCAULEY et al. - Page 5




          Appeal No. 97-0759                                                          
          Application 08/155,564                                                      

          and 2 of Karl).  Thus, Hagberg’s contact stem or control pin 45             
          has no apparent operative role in the assembly of Karl.  And                
          certainly, of course, Hagberg’s contact stem or control pin 45              
          cannot replace Karl’s spring 11.  Spring 11 of Karl serves two              
          important functions, one being the forming of an electrical                 
          connection from the head structure to a terminal on the bottom of           
          the housing assembly and the other being the center biasing of              
          head structure 9.  Hagberg’s contact stem 45 is not capable of              
          performing either function since it is an insulator and is                  
          evidently substantially thick and rigid (see column 2, line 70 to           
          column 3, line 4).  For these reasons, we do not see how one with           
          ordinary skill in the art would be reasonably motivated to employ           
          Hagberg’s contact stem in Karl’s assembly.  Moreover, even if we            
          ignore the lack of a proper contact stem in the examiner's                  
          combination of the two references, the examiner's analysis is               
          erroneous for another reason.  Independent claim 6 requires an O-           
          ring for engaging the spherical portion of the ball structure to            
          urge the frustoconical surface of the ball into engagement with             
          the frustoconical surface of the housing.  Neither Karl nor                 
          Hagberg discloses an O-ring for any purpose.  The examiner simply           
          states (answer at 8), in a conclusory manner without any                    
          supporting evidence:                                                        


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