Appeal No. 2002-1471 Page 8
Application No. 09/141,183
necessary that the reference disclose that the first slide
capture will allow the conductor sleeve to move in a longitudinal
direction therethrough, it is necessary that the capture tab be
capable of allowing sliding movement of the conductor sleeve in a
longitudinal direction. We find that the specific disclosure in
Hagen (col. 3, lines 53 and 54) that the tabs are bent over the
conductor sleeve to secure it in place, makes clear the capture
tabs of Hagen are not adapted to slidably secure the connector
sleeve, as asserted by appellants. Thus, we find that to adjust
the bending of the capture tabs to permit longitudinal sliding
movement of the conductor sleeve would require modification of
the bending of the tabs of Hagen. Because modification of the
bending of the capture tabs would be required to allow the
conductor sleeve 22 to slidably move longitudinally in tabs 34
and 36, we find that Hagen does not anticipate claim 1. We are
not persuaded by the examiner's assertion that Hagen's tabs are
"adaptable" to not be closed sufficiently. To modify the capture
tabs so they are only bent to the extent that they would permit
sliding of the sleeve would require modification of Hagen, which
is not permissible in an anticipation rejection. Thus, we find
that the examiner's position of anticipation is unsupported by
evidence in the record. Accordingly, we find that the examiner
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