Ex parte DEBARTOLO et al. - Page 6




          Appeal No. 1996-3947                                           Page 6       
          Application No. 08/151,741                                                  


          as intended by the instant claims.  The shields of Whitney are not          
          capable of being in a first position and a second position, as              
          required by the claims, unless one considers these positions to be          
          the shield in position covering the cables and the shield                   
          completely removed.  This position, however, seems to be an unduly          
          broad interpretation since claim 2 calls for the second coupling            
          means to be a hinge and claim 14 requires a “second pivot joint,”           
          neither of which is suggested by Whitney.  One could look to                
          Pollak for a pivot joint or “hinge,” as intended by the instant             
          independent claims, but then the question remains as to why the             
          artisan with this art before him/her would have provided for the            
          pivot joint of Pollak on the conductive shields of Whitney. The             
          shields of Whitney are required to be conductive in order to act            
          as an electrical interference shield for the cables and, while              
          Whitney discloses that these shields could be made of plastic with          
          conductive particles embedded therein (column 4, lines 7-11), we            
          are of the opinion that it would be a bit of a stretch, motivated           
          only by appellants’ own disclosure, to conclude that it would have          
          been obvious to provide a hinge, as disclosed by Pollak, on the             
          conductive shields of Whitney to be employed as a second, inner             
          cover, covered by the outer cover 12 of Corsi. The conductive               







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