Interference No. 104,693
Preputnick v. Provencher
credit the unsupported assertions of an expert
witness).
We credit more the testimony of Mr. John L. Grant who states
(Exhibit 1015 at 12): 'To one of ordinary skill in the art,
having differentiating characteristics is certainly a sufficient
condition for characterizing two similar items as 'first' and
'second', however, it is not a necessary condition." Mr. Grant
refers to front and rear tires as an example. Front and rear
tires can certainly be referenced as first tires and second
tires, even though all tires may have identical structure. Thus,
as in ordinary use of the English language, location as well as
any other kind of label, marking, or tag, may serve to
ŭifferentiate a first set of an item from a second set of the
same item. As Mr. Grant further states with regard to the
contacts disclosed in Provencher's involved application (Exhibit
1015, at 13): ŭThese two sets of contacts have the same size,
shape, and dimensions, but they are still two complete separate
sets of contacts (Emphasis in original)."
As is pointed out by Provencher, a plurality of first and
second contacts are illustrated on the half-modules 112 and 114
by first and second columns of contact elements in Fig. 1 of
Provencher's involved application. Also, first contacts are
illustrated in Figure 4B and second contacts are illustrated in
Figure 4C, each surrounded by a different style of overmoldinq.
13
Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: November 3, 2007