Ex Parte Yamada et al - Page 2



                 Appeal 2007-0476                                                                                      
                 Application 10/726,204                                                                                

                 printed circuit boards are urged by said pusher members so as to be                                   
                 connected to each other to achieve electrical continuity of the connector,                            
                 wherein said pusher members have substantially a U-shape and are formed                               
                 of a unitary part and said pusher members each comprise pushing portions                              
                 extending towards the flexible printed circuit boards.                                                
                        On July 24, 2006, Appellants filed a Reply Brief containing two new                            
                 arguments that were not presented in the principal Appeal Brief.  The                                 
                 Examiner noted Appellants’ Reply Brief but did not offer any response to                              
                 the new arguments set forth by Appellants.  Accordingly, this application is                          
                 remanded to the Examiner for the purpose of directing the Examiner to                                 
                 respond to the new arguments in Appellants’ Reply Brief.                                              
                        The Examiner should also determine the weight accorded to the claim                            
                 recitations “a fitting aperture into which at least three flexible printed circuit                    
                 boards are inserted” (claim 1), and “a fitting aperture into which two flexible                       
                 printed circuit boards are inserted” (claim 2).  Specifically, the Examiner                           
                 should ascertain whether the claim recitations are statements of intended use                         
                 for the claimed connector, or whether the claim recitations impart a                                  
                 necessary particular structure to the connector.  Once this claim                                     
                 interpretation is made, the Examiner can then weigh Appellants’ argument                              
                 that “Roberts does not disclose or suggest the limitation of ‘a fitting aperture                      
                 into which two printed circuit boards are inserted’” (principal Brief 10,                             
                 second para.).  Appellants emphasize that Roberts mounts the flexible circuit                         
                 boards onto pins 11 and 22 during assembly of the connector, and because                              
                 the flexible circuits of Roberts “are fixed during assembly of the connector,                         

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