Appeal No. 2004-1319
Application 09/933,329
We have also reviewed the patents to Moore and Jore applied
along with Fuca and Rosenbaum against dependent claims 9 and 15
on appeal under 35 U.S.C. § 103(a). However, we find nothing in
Moore or Jore which overcomes the deficiencies in the basic
combination of Fuca and Rosenbaum noted above or otherwise
renders obvious the wire connector fastening tool set forth in
claims 1 and 10 on appeal or in claims 9 and 15 which depend
therefrom. Thus, the examiner’s rejection of dependent claims 9
and 15 under 35 U.S.C. § 103(a) based on Fuca in view of
Rosenbaum and Moore or Jore will likewise not be sustained.
However, we reach a contrary conclusion with regard to the
examiner’s rejection of dependent claims 9 and 15 under 35 U.S.C.
§ 103(a) based on Fuca in view of Parker and Moore or Jore. On
pages 16-17 of the brief, appellant appears to concede that Moore
and/or Jore suggests the use of transparent material for allowing
viewing of some interior part of the tool, as the examiner has
urged on pages 4-5 of the answer, and thus acquiesced in this
aspect of the examiner’s rejection. What appellant contends
regarding the examiner’s rejection of claims 9 and 15 is that
neither Moore nor Jore makes up for that which appellant views as
lacking in the combined disclosures of Fuca and Parker, i.e., a
11
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007