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. 4Page: Previous 1 2 3 4 5 6 NextLast modified: November 3, 2007