Ex Parte Jenks - Page 18




              Appeal No. 2003-2098                                                                Page 18                 
              Application No. 09/833,978                                                                                  


                     In the rejection of dependent claims 7 to 11 under 35 U.S.C. § 103 (answer, p.                       
              3), the examiner, in essence, concluded that it would have been further obvious at the                      
              time the invention was made to a person of ordinary skill in the art to have modified                       
              Freeman's rocker switch that allows a user to open or close an electrical circuit between                   
              the male blade connectors and the female receptacle connectors (i.e., finger operable                       
              member 41 together with toggle member 36) to operate as taught by Lockard's rocker                          
              switch.                                                                                                     


                     We find ourselves in basic agreement with the examiner that it would have been                       
              further obvious to have modified Freeman's rocker switch as taught by Lockard's rocker                      
              switch.  The appellant's argument (brief, pp. 8-9) does not explain why it would not have                   
              been obvious at the time the invention was made to a person of ordinary skill in the art                    
              to have modified Freeman's rocker switch as taught by Lockard's rocker switch.                              


                     The limitations of claim 72 are clearly met by both Freeman's rocker switch and                      
              Lockard's rocker switch and the appellant has not alleged otherwise.                                        




                     2 Claim 7 reads as follows:                                                                          
                            The electrical interrupt switch of Claim 2, wherein said switch means comprises a rocker      
                     switch, and wherein said housing pivotally supports said rocker switch about a pivoting axle,        
                     thereby providing said rocker switch with angular movement for opening or closing said electrical    
                     circuit between conductive contacts.                                                                 






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