Ex parte MISCHENKO et al. - Page 8




          Appeal No. 96-3842                                                          
          Application 08/489,696                                                      



          defines first and second attachment members which are capable               
          of functioning in the manner set forth in appellants’ claim                 
          13.  For these reasons, we will not sustain the examiner’s                  
          rejection of                                                                
          claim 13 under 35 U.S.C. § 102(b) based on Sterling.  Since                 
          claims 16 and 17 depend from claim 13, it follows from the                  
          foregoing that we will also not sustain the examiner’s                      
          rejection of those claims under 35 U.S.C. § 102(b) based on                 
          Sterling.                                                                   


                    Under the provisions of 37 CFR § 1.196(b), we enter               
          the following new ground of rejection against claims 9 and 19               
          on appeal.                                                                  


                    Claims 9 and 19 are rejected under 35 U.S.C. §                    
          102(b) as being clearly anticipated by Scheingold.  The dual                
          beam contact (14), seen best in Figures 2 and 4 of Scheingold,              
          includes a first contact beam (62b) having a contact portion                
          (68) positioned on a first side of a dividing element (12)                  
          through an aperture (40) to make a connection to a first                    

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