Ex parte SARACENO - Page 8




                 Appeal No. 98-1238                                                                                                                     
                 Application No. 08/115,187                                                                                                             

                 covering the support structures with wall material, (b)                                                                                
                 forming an opening in the wall where a wire is located, and                                                                            
                 (c) passing the wire through the opening formed in the wall                                                                            
                 material as suggested by Brislin.                          7                                                                           
                          The appellant argues that Brislin is deficient in that                                                                        
                 there is no showing therein of forming an opening in the wall                                                                          
                 material "at the selected aperture" in the support structure.                                                                          
                 Nevertheless, this reference teaches that the opening in the                                                                           
                 wall material should be located where the wire has been                                                                                
                 positioned in the wall.  It is the method of Hubbard, as                                                                               
                 modified by Knell, which provides for the wire to be                                                                                   
                 positioned "at the selected aperture" in support structure.                                                                            
                 Accordingly, one of ordinary skill in this art following the                                                                           
                 combined teachings of Hubbard, Knell and Brislin would form                                                                            
                 the opening in the wall material where the wire has been                                                                               
                 positioned in the wall (i.e., "at the selected aperture" in                                                                            
                 support structure).                                                                                                                    
                          In summary:                                                                                                                   


                          7It should be noted that there is no presumption of any                                                                       
                 definite sequence of method steps unless the claims are so                                                                             
                 limited as to require it.  Ex parte Jackman, 44 USPQ 171, 173                                                                          
                 (Bd. App. 1938).                                                                                                                       
                                                                           8                                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007