Appeal No. 2002-0159 Page 9
Application No. 08/951,317
With respect to independent claims 1, 4 and 14,
appellants argue that there is no teaching in Oosuka of the
claimed conductive member extending either axially or
longitudinally and circumferentially between the high tension
secondary coil and the high tension terminal to moderate the
electric field strength. Specifically, appellants argue that the
examiner’s reading of the conductive member on element 33 of
Oosuka is without merit because this terminal plate does not
provide the features of the claimed conductive member.
Appellants also argue that Endo does not overcome the
deficiencies of Oosuka [brief, pages 15-17].
The examiner responds by simply repeating the rejection
and by asserting that appellants have not shown how the electric
field strength created by the claimed conductive member is
moderated [answer, pages 8-9].
We will not sustain the examiner’s rejection of
independent claims 1, 4 and 14 because the examiner has failed to
establish a prima facie case of obviousness. Element 33 of
Oosuka is described as a terminal plate electrically connected to
the secondary coil and serves to supply high voltage from the
secondary coil to the spark plug. There is no evidence that this
plate extends axially and circumferentially between the high
tension secondary coil and the high tension terminal or that it
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