Ex Parte Engeser - Page 7




             Appeal No. 2005-0255                                                             Page 7               
             Application No. 10/190,475                                                                            



             A contact piece (Swengel's terminal 6) comprising a first portion (Swengel's crimp                    
             portion 14 in the form of a tubular ferrule) for establishing a connection to a wire (4) and          
             a second portion (Swengel's contact receptacle portion 10) which is bent in a sleeve-like             
             manner so that it can be plugged onto a connecting piece wherein the end of the bent                  
             portion of the second portion is not fixed to the opposite part of the second portion,                
             neither when the first portion is connected to a wire, and wherein the first portion is               
             connected to the second portion via a flexible web (Swengel's flat transition portion 12)             
             so that the second portion can be bent perpendicularly to its center axis out of the line of          
             alignment with the wire.                                                                              


                    We find the appellant's specific arguments for patentability of claim 13                       
             unpersuasive for the reasons that follow.  First, like in the appellant's invention, the              
             sleeve of Swengel's contact receptacle portion 10 is not closed, i.e., the end of the bent            
             portion is not fixed to the opposite portion and the open sleeve enables the contact                  
             receptacle portion to fit different shapes and forms.  Second, the claimed "flexible web"             
             which permits the second portion to be bent perpendicularly to its center axis out of the             
             line of alignment with the wire is readable on the flat transition portion 12 of Swengel's            
             terminal 6 for the reasons set forth by the examiner on page 5 of the answer.                         










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