Ex Parte FLYNN et al - Page 7




          Appeal No. 2001-1196                                                        
          Application No. 09/139,155                                                  


          a part of or be integrated with the lead.  Appellants (Reply                
          Brief, page 2) apparently want us to read "extending from" as               
          "unitarily formed," but the two phrases are different in scope              
          and are not interchangeable.  If two people extend their arms and           
          hold hands, one arm extends from the other, but they clearly are            
          not unitarily formed.                                                       
               The examiner (Answer, page 5), for reasons unbeknownst to              
          us, asserts that a one piece construction for the lead and                  
          adapter would have been an obvious engineering choice and cites             
          In re Larson as support thereof.  Appellants then argue (Brief,             
          page 8, and Reply Brief, pages 5-7) that reliance on Larson is              
          inappropriate.  As explained supra, a one piece construction is             
          not recited in the claims, and, therefore, all arguments related            
          thereto are not pertinent.                                                  
               Appellants also argue (Brief, pages 9-10, and Reply Brief,             
          pages 7-8) that the examiner has failed to consider the problem             
          solved, i.e., the need to eliminate a separate adapter and reduce           
          the number of seals necessary when connecting multiple leads to a           
          single port on a header.  However, nothing in appellants' claims            
          addresses these problems.  The claimed invention is not limited             
          to a unitary construction and thereby does not address the need             


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