Appeal No. 2003-1908
Application No. 09/747,608
dispositive issue with respect to the anticipation rejection of
claims 1 through 5, 8 through 10 and 12 is whether Takeuchi meets
the limitations in independent claims 1, 8 and 12 requiring
a center section attached to the body section between
the two arms whereby an electrical component lead can
be held approximately in an orthogonal orientation to
the body section and between the center section and the
two arms, said electrical component lead being in
electrical contact with the center section and the two
arms.
The examiner, finding correspondence between the center
section, body section and two arms recited in the appellants’
claims and the second lip 7, axial wall member 2 and projecting
lips 4 and 6 disclosed by Takeuchi, submits that the Takeuchi
contact or receptacle 1 is inherently capable of holding an
electrical component lead approximately in an orthogonal
orientation to the body section and between the center section
and the two arms with the electrical component lead being in
electrical contact with the center section and the two arms as
recited in claims 1, 8 and 12.
The appellants counter that Takeuchi does not teach or
suggest anything of the sort and that the contact or receptacle
disclosed therein is not capable of performing the specified
function. The following passage from the main brief fairly
summarizes the appellants’ position:
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