Ex parte KIMBALL - Page 8




          Appeal No. 1999-2618                                                        
          Application 08/647,223                                                      

          to the piston," which requires a magnetic joining in a                      
          mechanical sense), cert. granted 69 U.S.L.W. 3779 (2001)                    
          with Eaton v. Evans, 204 F.3d 1094, 1096, 53 USPQ2d 1696,                   
          1697 (Fed. Cir. 2000) (the interference count recites                       
          "complimentary bit lines coupled to a sense amplifier,"                     
          "first plate electrode of said first capacitor coupled                      
          selectively to said first bit line," etc., which requires                   
          power or signal transfer in the electrical sense).  While we                
          agree with the Examiner that "coupled" can mean mechanically                
          "joined" or "linked," we consider the mechanical definition                 
          inappropriate in the electrical context of the present                      
          claims.  Although we do not disagree with the Examiner that                 
          the relevant art could be considered to be the (electrical)                 
          lighting art, merely asserting that one skilled in the                      
          lighting art would interpret "coupled" as "joined" or                       
          "linked" is not persuasive, especially in the face of                       
          evidence by Appellant in the form of the Kerwin declaration.                
          Thus, we conclude that the Examiner erred in interpreting                   
          the claims.                                                                 
               Under the electrical definition of "coupling" which                    
          requires the ability to transfer energy or signals from one                 

                                        - 8 -                                         





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

Last modified: November 3, 2007