Ex parte WAKATA et al. - Page 6




                 Appeal No. 98-1253                                                                                                                     
                 Application No. 08/249,931                                                                                                             


                          It is also the appellants' contention that since the end                                                                      
                 plug portion 52' of Otani has a flat portion thereon, it does                                                                          
                 not direct fluid "away from the wire" that is inserted                                                                                 
                 therethrough. This argument is relevant, at the most, to                                                                               
                 claims 11-15 and 17 since these are the only claims under                                                                              
                 consideration which require a surface for directing fluid away                                                                         
                 from the wire. Even with respect to these claims, however,                                                                             
                 Otani's end plug portion 52, as depicted in Fig. 4 has a                                                                               
                 beveled or inclined portion extending around the outer                                                                                 
                 periphery which forms "a surface" that would direct fluid in a                                                                         
                 direction away from the wires 76'. Thus, although the                                                                                  
                 appellants are correct in noting that Otani end plug portion                                                                           
                 also includes a flat portion, there is simply no claim                                                                                 
                 limitation which would preclude the arrangement of Otani.5                                                                             
                          With respect to claims 9 and 15 the appellants argue that                                                                     
                 Otani does not teach a lip portion that "is tapered such that                                                                          
                 its diameter progressively increases" in a direction away from                                                                         
                 the flange-like collars. We are at a loss to understand such a                                                                         


                          5It is well settled that features not claimed may not be                                                                      
                 relied upon in support of patentability. In re Self, 671 F.2d                                                                          
                 1344, 1348, 213 USPQ 1, 5 (CCPA 1982).                                                                                                 
                                                                           6                                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007