Ex parte WAKATA et al. - Page 7




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


                 contention since the above-noted beveled or inclined portion                                                                           
                 can                                                                                                                                    
                 be broadly considered to be on the lip, and does indeed have a                                                                         
                 diameter which "progressively increases" and extends away from                                                                         
                 the ribs or collars 56.                                                                                                                
                          In view of the foregoing, we will sustain the rejection                                                                       
                 of claims 1, 7-9, 11-15 and 17 under 35 U.S.C. § 102(b) as                                                                             
                 being anticipated by Otani.                                                                                                            
                          Turning to the rejection of claims 1, 7-9, 11-15 and 17                                                                       
                 under 35 U.S.C. § 103 as being unpatentable over Scowen in                                                                             
                 view of Vogel, the examiner is of the opinion that it would                                                                            
                 have been obvious to make the end plug portions of the plugs                                                                           
                 42 of Scowen of an "umbrella shape" in view of the teachings                                                                           
                 of Vogel.   We do not agree.  The examiner has correctly noted6                                                                                                                     
                 that (1) Scowen discloses elastomeric plugs 40 for sealing                                                                             
                 passages 34 in a connector 14 and (2) Vogel teaches a plug 22                                                                          

                          6We are at a complete loss to understand why the examiner                                                                     
                 did not utilize the "known" (specification, page 1, line 7) or                                                                         
                 "conventional" (specification, page 4, lines 3 and 6) rubber                                                                           
                 plug/connector depicted by the appellants in Figs. 5 and 6 of                                                                          
                 the drawings, and modify this "known" or "conventional"                                                                                
                 plug/connector by providing an end plug portion of umbrella                                                                            
                 shape in view of the teachings of Vogel.                                                                                               

                                                                           7                                                                            





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