Appeal No. 95-0794
Application No. 08/220,406
Toshiba’s device is already clearly protected, at least as shown,
for example, in Figures 7A, 7B and 7D. One might argue that the
keyboard appears to be unprotected in the Figure 7C mode of
Toshiba, wherein the keyboard 27 is on the bottom of the device,
and so the artisan might have been led to provide for protection
of the keyboard in that circumstance. However, even if we were
to agree that the artisan would have recognized the desirability
of a cover, or some protective device, for the keyboard in
Toshiba, when in the Figure 7C configuration, there is still no
suggestion or teaching in the applied references, taken as a
whole, which would have led the artisan to provide for a cover,
as specifically claimed.
The instant claims do not merely call for a pivotal or
flexible cover but, rather, that cover must be
positionable at a first position over the keyboard side
of said base portion when the rear side of said display
portion is positioned substantially adjacent the rear
side of said base portion, and at a second position
substantially adjacent the rear side of said base
portion when both the keyboard side of the base portion
and the display and input assembly side of said display
portion can simultaneously be viewed by a user. [claim
1].
Independent claims 7 and 10 contain similar language.
There is clearly no evidence provided by the applied
references indicating how or why the pivotable cover taught by
Lloyd would be applied to Toshiba in any way so as to result in a
cover positionable in two positions as specifically required by
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