Appeal 2007-2577
Application 90/006,344
to make electrical connections in such devices easy to use, yet secure and
safe. The artisan would have understood the advantages of using threaded
sleeves to connect male and female. The artisan would have understood that
threaded connections are desirable because they are safe, easy to use, and
fluid-resistant (permitting outdoor use). They would have appreciated that
leakage could be avoided by integrating the connector into the protective
jacket over the rope light or by adding a gasket where it would be desirable
to have a moving part.
Secondary considerations
As an initial matter, we note that Prazoff argues the examiner
improperly ignored evidence of secondary considerations until too late.68
We review the merits of the rejection. A defect in procedure must be
addressed by petition not appeal.69 Moreover, Prazoff had—and used—an
opportunity to address the merits70 so there would be no due-process
problem in reaching merits as any procedural irregularity is minor and
harmless. Rather than remand at this late date and delay resolution of the
matter further, we exercise our discretion to reach the merits on the record
before us.71
Objective evidence contrary to a conclusion of obviousness must be
considered, but may be unavailing particularly in the face of a strong facial
68 Prazoff's Response To The Examiner's Sept. 29, 3006 Paper 1-7 (filed
18 Oct. 2006) (Resp.).
69 E.g., In re Voss, 557 F.2d 812, 816, 194 USPQ 267, 270 (CCPA 1977)
(affirming board refusal to review a petitionable matter).
70 Resp. 8-11.
71 "All reexamination proceedings under this section, including any appeal to
the Board of Patent Appeals and Interferences, will be conducted with
special dispatch within the Office." 35 U.S.C. 305.
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