Appeal No. 2001-1266 Page 6
Application No. 08/966,788
disclosure, as a whole, that the appellant's communication
equipment is insulated from the messenger wire due to the
electrically insulating handle. Thus, a person skilled in the
art would understand that Figure 2 has a clearly evident
drawing error (the groove 21 being positioned below the right
hinge 13 which would result in the messenger wire C contacting
the right hinge 13).
For the reasons set forth above, the decision of the
examiner to reject claims 6 to 25 under 35 U.S.C. § 101 is
reversed.
The 35 U.S.C. § 112, first paragraph, Rejection
We will not sustain the rejection of claims 6 to 25 under
35 U.S.C. § 112, first paragraph.
This basis for this rejection (answer, p. 5) is that
since the claimed invention is not supported by either a
scientific asserted utility or a well established utility for
the reasons set forth in the rejection under 35 U.S.C. § 101,
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