Ex Parte Pinteric et al - Page 5




                    Appeal No. 2004-0653                                                                                                                                  
                    Application No. 09/872,053                                                                                                                            


                    connector (152, 178) including a plurality of data pins (154) and                                                                                     
                    a plurality of data contact pins, with the plurality of data pins                                                                                     
                    being arranged in first and second rows.  The examiner further                                                                                        
                    observes that the connector (178) of Furay can be used with a 2.5                                                                                     
                    inch disc drive (col. 5, lines 34-36), and also contends that the                                                                                     
                    connector may be mounted to the drive in various configurations                                                                                       
                    "including for 3.5-inch environment (col. 5, lines 38-40)" (final                                                                                     
                    rejection, page 2).  The examiner's findings as to what is                                                                                            
                    lacking in the Furay reference vis-a-vis appellants' claimed                                                                                          
                    subject matter is that this patent has no explicit disclosure                                                                                         
                    concerning the requirements in appellants' claims on appeal of no                                                                                     
                    more than forty data contact pins and pin pitch of 2.54 mm.                                                                                           


                    To account for these differences, the examiner turns to                                                                                               
                    Baxter, urging that this patent specifically discloses forty                                                                                          
                    (col. 4, line 19) data pins (48) and a pin pitch of 2.54 mm.                                                                                          
                    From such teachings, the examiner concludes that it would have                                                                                        
                    been obvious to one of ordinary skill in the art at the time                                                                                          
                    appellants' invention was made to "configure the Furay connector                                                                                      
                    as having no more than forty contact data pins and pin pitch of                                                                                       
                    2.54 mm, as taught by Baxter et al, to use the Furay hard drive                                                                                       
                    in Baxter et al environment" (final rejection, page 3).                                                                                               

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