Ex parte IHLE et al. - Page 5


          Appeal No. 95-2405                                                          
          Application No. 07/969,663                                                  

               for switching, this is obviated by Applicant’s claimed                 
               invention.                                                             
               The Roeser reference…contains no teaching of moveable                  
               [sic] contact means mounted on the rocker means…                       
               Appellant’s argument is unpersuasive.  First, it is unclear            
          exactly what language in claim 8 is being relied on for the                 
          argument that the shorting contacts on the rocker “are away from            
          the pivot point.”  Second, while appellant argues that Stevenson            
          relies on the pivoting contact to provide “his electrical common            
          function for switching,” we fail to find any language in claim 8            
          which precludes any such “electrical common function for                    
          switching.”                                                                 
               With regard to the Roeser reference, it is unpersuasive for            
          appellant to argue that the reference “contains no teaching of              
          moveable [sic] contact means mounted on the rocker means” because           
          the examiner relies on Stevenson, not Roeser, for this teaching.            
          Roeser is relied on by the examiner merely to show that it was              
          known to use the pivotal motion of a rocker with reference to a             
          collar to operate switches while simultaneously operating other             
          switches with a downward or pushing motion of the collar.                   
               With regard to claim 4, appellant does not argue that the              
          application of Kokubu for the teaching of a light pipe was                  
          improper; only that Kokubu does not provide for the alleged                 
          deficiencies of Stevenson and Roeser.  However, since appellant’s           


          previous argument with regard to the primary references was                 


                                          5                                           



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

Last modified: November 3, 2007