Ex Parte Jenks - Page 21




              Appeal No. 2003-2098                                                                Page 21                 
              Application No. 09/833,978                                                                                  


                     We do not agree with the examiner's comment (answer, pp. 5-6) that the claimed                       
              arrangement "will short out the circuit."  In our view, a person of ordinary skill in the art               
              would understand that the claimed first electrically conductive contact4 contains two                       
              electrically isolated contact surfaces thus preventing any shorting out of the circuit.                     


                     For the reasons set forth above, the decision of the examiner to reject claims 7                     
              to 9 under 35 U.S.C. § 103 as being unpatentable over Freeman in view of Osika and                          
              Lockard is affirmed and the decision of the examiner to reject claims 10 and 11 under                       
              35 U.S.C. § 103 as being unpatentable over Freeman in view of Osika and Lockard is                          
              reversed.                                                                                                   


                                                     CONCLUSION                                                           
                     To summarize, the decision of the examiner to reject claim 1 under 35 U.S.C.                         
              § 102(b) is affirmed; the decision of the examiner to reject claims 2 to 4 and 6 to 9                       
              under 35 U.S.C. § 103 is affirmed; and the decision of the examiner to reject claims 10                     
              and 11 under 35 U.S.C. § 103 is reversed.                                                                   







                     4 Contact 46 shown in the appellant's Figure 3.                                                      







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