Ex Parte Pels et al - Page 7




              Appeal No. 2003-0271                                                                  Page 7                
              Application No. 09/592,058                                                                                  


              and the chassis ground while also providing a high frequency coupling between the                           
              outer shell of the conductor and the chassis ground as recited in claim 15.                                 


                     The examiner asserts (answer, pp. 9-11) that the above-noted limitations of                          
              claims 1, 10 and 15 are readable on Weidler's capacitive coupling assembly 60.                              
              Specifically, the examiner determined that Weidler's dielectric member 61 was a circuit                     
              board and that Weidler's conductive sheets 62, 63 and connected capacitors 72 was a                         
              circuit.  The examiner further determined that Weidler's capacitive coupling assembly 60                    
              inherently provides a galvanically isolated high frequency coupling between the                             
              conductive shell 14 of the connector 10 and the conductive panel 4.                                         


                     In our view, the examiner has presented a prima facie case of anticipation.1  The                    
              USPTO applies to the verbiage of the claims before it the broadest reasonable meaning                       
              of the words in their ordinary usage as they would be understood by one of ordinary skill                   
              in the art, taking into account whatever enlightenment by way of definitions or otherwise                   
              that may be afforded by the written description contained in the appellants' specification.                 
              In re Morris, 127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997).  See also                         
              In re Sneed, 710 F.2d 1544, 1548, 218 USPQ 385, 388 (Fed. Cir. 1983).  The American                         


                     1 It is well settled that the burden of establishing a prima facie case of anticipation resides with the
              United States Patent and Trademark Office (USPTO).  See In re Piasecki, 745 F.2d 1468, 1472, 223            
              USPQ 785, 788 (Fed. Cir. 1984).                                                                             







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