Appeal No. 2002-2118 Page 12
Application No. 09/010,614
Second, while the present invention relies exclusively on frictional attachment,
the claims on appeal are not so limited. It is well established that features not claimed
cannot be relied on to establish patentability. See In re Self, 671 F.2d 1344, 1348, 213
USPQ 1, 7 (CCPA 1982). In any event, it is our view that Ikesugi's connector
placement member 1 is only frictionally attached to the electrical connector 2 as set
forth in the preceding paragraph.
For the reasons set forth above, the decision of the examiner to reject claim 1
and claim 5 dependent thereon under 35 U.S.C. § 102(e) is affirmed.
The obviousness rejection
We will not sustain the rejection of claim 6 under 35 U.S.C. § 103 as being
unpatentable over Ikesugi.
Dependent claim 6 adds to parent claim 1 the further limitation that "the clip is
removed by inserting a tool into at least one hole located on the top surface of the clip
and prying the clip free from the microelectronic package."
In the rejection of claim 6, the examiner ascertained (answer, p. 4) that Ikesugi
did not teach this limitation. The examiner then concluded that it would have been
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