Ex Parte Wertz et al - Page 8




          Appeal No. 2003-1908                                                        
          Application No. 09/747,608                                                  


               Thus, the appellants’ position that the subject matter                 
          recited in independent claims 1 and 8, and dependent claims 2               
          through 5, 9 and 10, distinguishes over Takeuchi is not                     
          persuasive.  We shall therefore sustain the standing 35 U.S.C.              
          § 102(b) rejection of these claims as being anticipated by                  
          Takeuchi.                                                                   
               Claim 12, on the other hand, recites an electrical contact             
          assembly “having at least one electrical component . . . having             
          at least one electrical lead” and comprising a housing and at               
          least one electrical spring contact.  The only electrical                   
          component lead shown in Takeuchi’s Figure 7, which the examiner             
          cites as being anticipatory of the subject matter recited in                
          claim 12 (see page 4 in the answer), is cable conductor 14'.                
          Cable conductor 14', however, is not held approximately in an               
          orthogonal orientation to the body section of the                           
          receptacle/contact 1 and between, and in electrical contact with,           
          its center section 7 and two arms 4 and 6, and is not ostensibly            
          capable of being so held.                                                   
               Hence, in contrast to claims 1 and 8, the appellants’                  
          position that the subject matter recited in independent claim 12            
          defines over Takeuchi is well taken.  Therefore, we shall not               



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