Ex Parte Asada - Page 10




               Appeal No. 2006-2169                                                                       Page 10                   
               Application No. 09/899,919                                                                                           


               optical fibre 6, an optical fibre alignment sleeve 8, a refractive index matching                                    
               material 10, and a fibre fixing clip 12."  (Col. 3, ll. 62-66.)  We find that the fibre fixing                       
               clip 12 features a pair of legs defining an opening.  To wit, "[a]s shown in FIGS. 11 and                            
               12, the fibre fixing clip 12 . . . comprises a flat base 62 from opposite edges of which                             
               depend respective fibre retention plates 64, each of which comprises a pair of legs 66                               
               each having a tapered free end portion 68, the legs defining between them an                                         
               opening 67 having parallel side edges 65."  (Col. 4, l. 63 – col. 5, l. 1.)                                          


                       Similarly, because Herrmann's  "limb 11 on the cable side 5 is likewise of U-                                
               shaped design with two limbs (FIG. 3)," (col. 2, ll. 46-47), we find that the fiber holding                          
               clip features a pair of legs defining an opening.  Because these two "limbs 11 pierce the                            
               insulating sheath 7 of the fiber-optic cable end," (col. 3, ll. 11-12), we further find that                         
               the secondary reference describes blade parts.                                                                       


                       Although Figures 3 and 5 of Hermann show that its blade parts are formed by a                                
               side edge of an opening joined at an angle to an edge of the limbs, the Figures portray                              
               the angle as an obtuse angle rather than a right angle.  Because the operation of the                                
               blade parts is the same with an obtuse angle or a right angle, we agree with the                                     
               examiner's aforementioned finding, however, that the appellant's "invention would                                    









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