Ex Parte WARMKA et al - Page 9




          Appeal No. 2002-1471                                       Page 9           
          Application No. 09/141,183                                                  


          has failed to establish a prima facie case of anticipation of               
          claim 1.  The rejection of claim 1 under 35 U.S.C. § 102(b) is              
          therefore reversed.  In addition, although claim 1 was rejected             
          under 35 U.S.C. § 102(b), we have considered the issue, sua                 
          sponte, of whether Hagen suggests, under 35 U.S.C. § 103(a), the            
          invention set forth in claim 1.  From our review of Hagen, we               
          find no suggestion of modifying the bending of the capture tabs             
          34, 36 of Hagen to permit longitudinal movement of the contact              
          sleeve in a longitudinal direction.  Moreover, as independent               
          claim 8 requires that the first capture allows the conductor                
          sleeve to move in a direction coincident with a longitudinal axis           
          of the conductor sleeve, we find that Hagen does not anticipate             
          claim 8.  Accordingly, the rejection of claim 8, and claims 2, 9-           
          13, 16-18, dependent from claims 1 and 8 is reversed.                       
               We turn next to independent claim 19.  Appellants assert               
          (brief, page 8) that the "means for securing" constitutes a                 
          functional limitation invoking 35 U.S.C. § 112, sixth paragraph.            
          Appellants assert (id.) that the Office is obligated to construe            
          functional limitations  in accordance with the corresponding                
          structure disclosed in the specification.  Appellants assert                
          (brief, pages 8 and 9) that figures 2-7 and related portions of             
          the specification teach structures corresponding to the "means              







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