Ex Parte MAKINO et al - Page 5




          Appeal No. 2002-1876                                                        
          Application 09/358,158                                                      

          the full locking arms to thereby set the elastic forces of the              
          partial locking arms smaller than those of the full locking                 
          arms."  The partial locking arm and the full locking arm have               
          identical length and identical cross sectional dimensions.                  
          Atsumi '565 discusses the problem in the prior art that if the              
          retainer in the provisionally-retained (partial locking) position           
          is accidentally urged into the completely-retained (full locking)           
          position, the terminal cannot be inserted and a tool must be used           
          to release engagement with the completely-retained position,                
          which release operation is inefficient (Background of the                   
          Invention, col. 1, lines 26-44).  Atsumi '565's solution to the             
          problem is not relevant to this appeal.                                     
               The prior art Figs. 9-11 of Atsumi '552 is stated to be from           
          Japanese Laid-Open Publication 04-127976 (col. 1, lines 7-8).               
          Counsel for appellants indicated at oral hearing that the number            
          of this document is in error and that they were not able to                 
          obtain a copy of the document.  We did our own search, varying              
          one number at a time (assuming the number was off in only one               
          place) (i.e., substituting 01-10 for 04 in the year position;               
          0 and 2 for the 1 position; and 0-9 for each of the other                   
          positions for a total of 56 alternative documents) and likewise             
          were not able to find a corresponding document showing a                    
          connector.  We then ordered the Atsumi '552 file and verified               
          that the number is correctly printed.  However, in the                      

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