Ex parte PATEL et al. - Page 4




          Appeal No. 97-3682                                                          
          Application 08/491,458                                                      


          the bowed portion of the spring contact arm and the terminal                
          base.”  Independent claim 16 contains similar language.  The                
          examiner concedes that the contact terminal 34 of Frantz does not           
          meet this claim limitation.  Nevertheless, the examiner has taken           
          the position that it would have been obvious “to provide . . .              
          preloading terminal free end portion[s] in Frantz, to provide               
          increased retention force as taught by Lytle” (answer, page 3).             
          The “Response to Argument” section of the answer indicates that             
          the examiner’s proposed modification of the terminals of Frantz’s           
          includes not only incorporation of preload tabs therein, but also           
          a further modification of terminals 34 of Frantz so that                    
          protruding contact portions similar to Lytle’s bight portions 38            
          are substituted for the trap-like beam portions 44 of Frantz.  In           
          this regard, see pages 4-5 of the answer, wherein the examiner              
          states:                                                                     
               It should be noted that both Frantz and Lytle accept                   
               mating terminals in a longitudinal insertion direction                 
               forming a resilient grip on the terminal.  Elements                    
               generally at 40, 42, 16 of Lytle are clearly analogous                 
               to those of France [sic, Frantz] (i.e. 44, 72), with                   
               Lytle additionally suggesting to one of average skill                  
               that a preloaded terminal end (Fig. 4 of Lytle) with a                 
               protruding contacting portion may clearly be a                         
               substitute for a pinching or trapping resilient                        
               terminal of the type shown at 44, 72 of Frantz.                        
               [Emphasis added.]                                                      


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