Ex Parte GOLDMANN et al - Page 4




          Appeal No. 2001-1618                                                        
          Application No. 08/960,565                                                  


          shape memory metal.  Nonetheless, the examiner asserts (Answer,             
          page 4) that it would have been obvious to use a shape memory               
          metal because "most of spring contact, probe contact are                    
          fabricated from one of a shape memory metal for permitting an               
          increase in the deflections of the probes."  The examiner further           
          contends (Answer, page 4) that "it appears that the shape memory            
          metal (4) which is an alloy of Nickel and one of titanium or                
          cobalt having 42 to 48% by weight titanium, balance nickel would            
          have been an obvious modification," that "it would have been well           
          known" to separate spring contacts from each other in an array              
          "by a material selected from the group consisting of invar,                 
          silicon or glass ceramic which has coefficient of thermal                   
          expansion substantially close to the device under test or burn-             
          in," and that "it would have been obvious that the means to array           
          the spring contacts (4) in a test board is a carrier."  The                 
          examiner provides no objective evidence to support any of the               
          assertions of obviousness.  The examiner merely makes                       
          conclusionary statements.  In accordance with Lee, this is                  
          insufficient for a rejection under 35 U.S.C. § 103.  Accordingly,           
          we cannot sustain the obviousness rejection of claims 1 through             
          22 over Brandt.                                                             


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