Appeal No. 2005-0255 Page 8
Application No. 10/190,475
As taught by Swengel, his contact receptacle portion 10 and crimp portion 14 in
the form of a tubular ferrule are formed by stamping a sheet metal blank. Thus, it is
inherent that the metal blank has sufficient flexibility to form the contact receptacle
portion 10 and the crimp portion 14 from the sheet metal blank. As such, the flat
transition portion 12 of Swengel's terminal which connects the contact receptacle
portion 10 and crimp portion 14 would also inherently possess the same flexibility.
Given the fact that portions of the sheet metal blank have sufficient flexibility to bend
into the shape of both contact receptacle portion 10 and the crimp portion, we find that
this extrinsic evidence makes clear that the missing descriptive matter (i.e., 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 necessarily present in Swengel's
terminal 6, and that it would be so recognized by persons of ordinary skill.
For the reasons set forth above, the decision of the examiner to reject claim 13
under 35 U.S.C. § 102(b) is affirmed.
The appellant has grouped claims 13, 14, 16 and 18 to 20 as standing or falling
together.2 Thereby, claims 14, 16 and 18 to 20 fall with claim 13. Thus, it follows that
2 See page 4 of the appellant's brief.
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