Ex Parte TORII - Page 3




            Appeal No. 2003-0471                                                          Page 3              
            Application No. 09/100,346                                                                        


                   reinforce fastening of said housing to said base board by said fixing portion of           
                   said at least one electrical terminal.                                                     


                   The prior art references of record relied upon by the examiner in rejecting the            
            appealed claims are:                                                                              
            Anderson et al. (Anderson)             4,054,767                 Oct. 18, 1977                    
            Kikuchi et al. (Kikuchi)               GB 2 197 548 A            May 18, 1988                     


                   Claims 9, 10 and 13 to 21 stand rejected under 35 U.S.C. § 103 as being                    
            unpatentable over Kikuchi in view of Anderson.                                                    


                                                  OPINION                                                     
                   In reaching our decision in this appeal, we have given careful consideration to            
            the appellant's specification and claims, to the applied prior art references, and to the         
            respective positions articulated by the appellant in the brief (Paper No. 23, filed May 4,        
            2001) and the reply brief (Paper No. 25, filed July 22, 2002) and the examiner in the             
            answer (Paper No. 24, mailed May 21, 2002).  Upon evaluation of all the evidence                  
            before us, it is our conclusion that the evidence adduced by the examiner is insufficient         
            to establish a prima facie case of obviousness with respect to the claims under appeal.           
            Accordingly, we will not sustain the examiner's rejection of claims 9, 10 and 13 to 21            
            under 35 U.S.C. § 103.  Our reasoning for this determination follows.                             








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