Ex parte LYNN et al. - Page 7




                 Appeal No. 95-3453                                                                                                                     
                 Application No. 08/125,709                                                                                                             


                 number of wires are not shown in the Kochendorfer reference.                                                                           
                 Nor has the examiner explained why the use of a plurality of                                                                           
                 conductors (wires) in the device of the type described in the                                                                          
                 Kochendorfer reference would have been obvious to one of                                                                               
                 ordinary skill in the art.                                                                                                             
                          Finally, although appellants have not specifically                                                                            
                 challenged the examiner's official notice involving the outer                                                                          
                 wall locations of electrical plug-in connectors  in general in                      2                                                  
                 their Brief, the examiner has not supplied any evidence, much                                                                          
                 less explanation, why one of ordinary skill in the art would                                                                           
                 have been led to place the claimed electrical plug-in                                                                                  
                 connectors at such location in the context of the heating                                                                              
                 device of the type described in the Kochendorfer reference.                                                                            
                 The Kochendorfer reference clearly does not call for insertion                                                                         
                 of any electrical plug-in connectors at its inner wall                                                                                 
                 openings, much less at any outer wall openings.  See Figure 1.                                                                         
                          In view of the foregoing, we do not believe that the                                                                          
                 examiner, on this record, has carried his burden of                                                                                    

                          2During the hearing dated March 8, 1999, appellants                                                                           
                 claimed that the placement of the electrical plug-in                                                                                   
                 connectors on the outer wall of a refrigerator structure is                                                                            
                 not well known.                                                                                                                        
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