Ex Parte KOEGEL et al - Page 3



         Appeal No. 2001-0460                                                      
         Application No. 09/030,032                                                
              In reversing this rejection, as appellants make clear in the         
         brief and reply brief, the examiner has appeared to misconstrue           
         the subject matter of the claims on appeal in viewing the claimed         
         flexible film circuit strip as having an adjacent and non-                
         adjacent surface.  According to the subject matter of the                 
         disclosed and claimed invention, it is the backer plate “member”          
         which has been recited to have these features.  The film-adjacent         
         surface has been identified and labeled in Figures 2 and 3 as             
         surface 52.  Correspondingly, the film-remote or film non-                
         adjacent surface has been labeled in Figure 3 as surface 66.              
         Both surfaces are shown but not necessarily labeled in most of            
         the Figures 1-12.  Even a brief study of the disclosed invention          
         yields a clear understanding, particularly to an artisan, of the          
         nature and meaning of the two stated surfaces in each of the              
         claims on appeal.  Therefore, the rejection of claims 1-38 under          
         the second paragraph of 35 U.S.C. § 112 is reversed.                      
              We also reverse the stated rejection of claims 1-16 and 19-          
         36 under 35 U.S.C. § 103.  The examiner relies upon Rehbogen for          
         the basic teachings of the use of a flexible ribbon cable 8 which         
         is interconnectable to a connector 2 which in turn is mounted on          
         printed circuit board 14 as generally shown in Figures 1-4.  As           
         we understand the examiner’s reasoning, this reference is not             

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