Ex Parte WARMKA et al - Page 11




          Appeal No. 2002-1471                                      Page 11           
          Application No. 09/141,183                                                  


          the figures is not sufficient to establish exactly what structure           
          appellant is relying upon.  In addition, as asserted by the                 
          examiner, we observe that appellants' claim 19 does not recite              
          means for securing the conductor and protective sleeve for                  
          longitudinal movement, but instead, only recites "means for                 
          securing” an electrical conductor and a protective sleeve to the            
          load beam.  Appellants' claim, as broadly drafted, does not                 
          distinguish between the structure of slide capture 260 connected            
          to the rigid portion 220 of the load beam, which permits movement           
          of sleeve 250 in a longitudinal direction, and the structure of             
          capture 240, connected to the resilient section 225 of the load             
          beam.  The claim is broad enough to read upon Hagen's disclosed             
          structure for inhibiting the longitudinal movement of the                   
          conductor or sleeve 250.  As Hagen discloses a longitudinally               
          inhibiting capture, including  elements 62, 64, 66, and 68, which           
          are adapted to secure the conductor sleeve to the resilient                 
          section of the load beam (brief, page 5), we find that Hagen                
          discloses the same or equivalent structure as appellants "means             
          for securing."  Accordingly, we find that the examiner has                  
          established a prima facie case of anticipation of claim 19, which           
          has not been successfully been rebutted by appellants.  The                 









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