Ex Parte Pollack - Page 3




          Appeal No. 2006-0462                                                        
          Application 09/587,948                                                      

                                   OPINION                                            
               For the reasons which follow, we reverse the variously-                
          stated rejections of the claims on appeal rejected under                    
          35 U.S.C. § 103.                                                            
               We turn first to the rejection of independent claim 1 and              
          dependent claims 2, 3, and 21 under 35 U.S.C. § 103 in view of              
          Klumpp and Takemasa.                                                        
               From our study of Klumpp and Takemasa and in view of the               
          arguments presented by appellant and the examiner, we have                  
          concluded that the examiner has not presented to us a convincing            
          line of reasoning to lead us to conclude that the artisan would             
          have combined the teachings of Klumpp and Takemasa within                   
          35 U.S.C. § 103.  The examiner’s reasons for combinability, first           
          expressed at pages 3 and 4 of the answer, seem to be general and            
          somewhat presumptive in nature.  It appears to us from our study            
          of both references that the artisan would have found no                     
          reason to have provided any additional assurance of correct                 
          contact alinement between the plug shown in Klumpp’s Figure 1 and           
          the respective blade terminals already taught in that reference.            
          Thus, the artisan would have apparently had no reason, from our             
          perspective, to have modified Klumpp’s teachings with those                 
          argued by the examiner from Takemasa.  The tang lug 31 shown in             
          Figure 4 and shown in cross-section form in an unlabeled manner             
          in Figure 1 of Klumpp serves as a member for securing the blade             
          within in the plug 10 as expressed at the bottom of column 2 of             


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