Ex Parte Guentert et alDownload PDFPatent Trial and Appeal BoardOct 23, 201311894672 (P.T.A.B. Oct. 23, 2013) Copy Citation UNITED STATES PATENT AND TRADEMARKOFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 11/894,672 08/21/2007 Juergen Guentert 1001/0163PUS1 8223 60601 7590 10/23/2013 Muncy, Geissler, Olds & Lowe, PLLC 4000 Legato Road Suite 310 FAIRFAX, VA 22033 EXAMINER NEWAY, BLAINE GIRMA ART UNIT PAPER NUMBER 3788 MAIL DATE DELIVERY MODE 10/23/2013 PAPER Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________________ Ex parte JUERGEN GUENTERT and BERNARD SCHUHLER ____________________ Appeal 2011-010376 Application 11/894,672 Technology Center 3700 ____________________ Before PHILLIP J. KAUFFMAN, PATRICK R. SCANLON, and BART A. GERSTENBLITH, Administrative Patent Judges. SCANLON, Administrative Patent Judge. DECISION ON APPEAL Appeal 2011-010376 Application 11/894,672 2 STATEMENT OF THE CASE Appellants seek our review under 35 U.S.C. § 134 of the Examiner’s rejection of claims 1-16 under 35 U.S.C. § 102(b) as being anticipated by Peters (US 3,454,154, iss. Jul. 8, 1969). We have jurisdiction under 35 U.S.C. § 6(b). We REVERSE. THE INVENTION Appellants’ invention relates to “a lead frame magazine cover for closing of a lead frame magazine.” Spec. 1, ll. 2-3. Claims 1 and 9 are the independent claims on appeal. Claim 1, reproduced below, is illustrative of the claimed subject matter. 1. A lead frame magazine cover for closing an opening of a lead frame magazine through which lead frames are introduced into the lead frame magazine, the lead frame magazine including guide rails in lateral walls of the lead frame magazine, the lead frame magazine cover comprising: a magazine cover configured for insertion into the guide rails of the lead frame magazine, the guide rail guiding the magazine cover in a closing direction into the opening of the lead frame magazine, the magazine cover including a recess created in a region of a front edge of the magazine cover in the closing direction of the magazine cover. Claim 9 is directed to a lead frame magazine arrangement comprising a lead frame magazine and a magazine cover that includes “a recess created in a region of a front edge of the magazine cover in the closing direction of the magazine cover.” Appeal 2011-010376 Application 11/894,672 3 ANALYSIS In rejecting independent claims 1 and 9, the Examiner finds that Peters discloses a magazine cover (cartridge 10) for closing an opening of a lead frame magazine (standardized covered package or container 18) and configured for insertion into guide rails (wire clip 12) of the lead frame magazine. Ans. 4-5. The Examiner further finds that the magazine cover of Peters includes a recess (central recessed portion 25) created in a region of a front edge of the magazine cover. Id. The Examiner takes the position that “the recess 25 of Peters is in a region of a front edge portion of cartridge 10 when it is oriented appropriately.” Ans. 7 (emphasis added). Appellants argue that Peters’ central recessed portion 25 “cannot correspond to the claimed ‘recess in a region of a front edge portion of the magazine cover.’” App. Br. 5. To determine whether Peters discloses the claimed recess, we first must construe the meaning of the claim language “a region of a front edge of the magazine cover.” Using “a region of a front edge” rather than just “a front edge” produces broad language that does not require the claimed recess to extend from the front edge in the manner shown in Appellants’ drawings. Nevertheless, we construe “a region of a front edge,” in accordance with the plain and ordinary meanings of the words, to mean a region of the magazine cover that is closer to the cover’s front edge than it is to the edge opposite the front edge. As such, the claim language “a region of a front edge of the magazine cover” calls for a recess that is located in a region of the magazine cover that is closer to a front edge of the cover. Each cartridge 10 of Peters has a recessed floor 28 and a shoulder 26 formed on the underside thereof. Peters, col. 2, ll. 66-67; figs. 2, 3. Figures Appeal 2011-010376 Application 11/894,672 4 2 and 3 show that the cartridges 10 have a generally rectangular configuration defining four edges and a cut off corner 20. Recesses 14 for accommodating the prongs of the wire clip 12 are formed in two opposing edges of the cartridge 10. Id. at col. 2, ll. 42-44; figs. 2, 3. As its name suggests, the central recessed portion 25 is formed in the center of the floor 28, equidistant from the respective edges of each pair of opposing edges. Id. at figs. 2, 3. Therefore, regardless of which edge of the cartridge 10 is deemed to be the “front edge,” the central recessed portion 25 is not located in a region of such edge. We do not agree with the Examiner’s contention that the central recessed portion 25 is in a front edge region of the cartridge 10 “when it is oriented appropriately.” The Examiner provides no indication of what is meant by “oriented appropriately” or what orientation would result in the central recessed portion 25 being in an edge region of the cartridge 10. Furthermore, the Examiner has not identified which edge of the cartridge 10 would be the “front edge.” In view of the above, the Examiner has not shown by a preponderance of the evidence that Peters discloses the recess as recited in independent claims 1 and 9. We accordingly do not sustain the Examiner’s rejection of claims 1-16 as anticipated by Peters. DECISION We reverse the decision of the Examiner rejecting claims 1-16. REVERSED rvb Copy with citationCopy as parenthetical citation