Appeal No. 2003-1908
Application No. 09/747,608
orthogonal orientation to the body section and between, and in
electrical contact with, the center section and the two arms.
Notwithstanding the view held by the appellants, Takeuchi’s
Figures 2 through 5 do not establish that a lead cannot be
physically held approximately orthogonally between, and in
electrical contact with, center section 7 and arms 4 and 6. To
the contrary, these drawing figures provide a reasonable basis
for the examiner’s determination that an appropriately sized and
shaped lead inherently could be so held between, and in
electrical contact with, the center section and arms, thereby
meeting the functional claim language in question. Claims 1 and
8 place no restriction on the size and/or shape of the lead
mentioned therein. Thus, Exhibits A and B, appended to the reply
brief to show that a lead of the particular size and shape
disclosed by Takeuchi could not be held as recited in claims 1
and 8, is unconvincing because it is not commensurate with the
rather broad language in these claims pertaining to the component
lead. Furthermore, the subject claim language does not, as urged
by the appellants, require that the lead be held at only three
points at a common cross-section or that the center section be a
single piece.
7
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