Appeal No. 2004-0653
Application No. 09/872,053
After a careful consideration of the teachings in Furay and
Baxter, we share appellants' view as expressed in the brief
(pages 6-9) and reply brief, and adopt those positions as our own
in refusing to sustain the examiner's rejection of claims 1, 13,
18 and 22 through 27 under 35 U.S.C. § 103(a). Like appellants,
it is our view that it is only through the use of impermissible
hindsight gained from first having read appellants' disclosure
and claims that one of ordinary skill in the art at the time of
appellants' invention would have attempted any modification of
the connector seen in Furay (Figs. 7-9) in light of the 3-in-1
connector seen in Baxter so as to thereby result in a 2.5 inch
form factor disc drive and connector like that set forth in
appellants' claims on appeal.
Figures 7-9 of Furay appear to show nothing more than what
would have been understood by one of ordinary skill in the art as
being a conventional connector pin pattern for a 2.5 inch form
factor disc drive (note also Figures 11 and 12 of appellants
drawings). By contrast, Baxter discloses and shows (col. 4,
lines 18-21, and Fig. 4) a 3-in-1 standard type connector for
what would appear to be a 3.5 inch form factor disc drive (note
also Figures 9 and 10 of appellants' drawings). Simply stated,
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