Ex parte DUESTERHOEFT et al. - Page 9

          Appeal No. 1997-3403                                                       
          Application No. 08/032,889                                                 

          Appellants argue [brief, page 5] that “[n]or does the                      
          disclosure of the references act as set forth in the claims as             
          a result of the structure claimed, that a cable is pushed past             
          stiff deflectable portions ... , while at least one pair of                
          resilient strips of the diaphragm section remains biased                   
          against the cable portion beneath and spaced from the now-                 
          closed stiff deflectable portions along the top of the cable               
          recess.”  Appellants further argue [brief, page 6] that                    
          “[n]either [each single] reference nor the combination thereof             
          meet the limitation in the independent claims of a diaphragm               
          being joined  ... by a frangible portion ... and the resilient             
          strips.”  Appellants again advocate [second reply brief, page              
          2] that “a synergistic effect is established in that those                 
          resilient strips  not engaged by a cable would close ... ”                 
          The Examiner responds [answer, page 5] that “Rodrigues et al.              
          disclose the membrane 48 which has thick portions and these                
          thick portions would inherently act as stiff deflectable                   
          portions as claimed.  Further, the middle section of the                   
          membrane 48 can be considered as diaphragm section and the                 
          membrane 48 would inherently act as the claimed grommet.”                  
               We have reviewed the above positions of Appellants and                

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