Appeal No. 95-0794
Application No. 08/220,406
the claim language. For example, taking the Figure 7 embodiment
of Toshiba, in order to meet the instant claim language, any
cover applied to Toshiba’s device would need to be across the
bottom of the device (covering the keyboard 27) as the device is
depicted in Figure 7C and switchable to a second position so as
to be across the bottom of main case 29 in Figure 7A. There is
simply no evidence of record indicating how, or why, a pivotable
cover would be attachable in Toshiba’s device so as to result in
these two positions. The reason, of course, is that the two
pivots attached to the ends of the base member in the instant
invention make possible the two positions recited in the claims
whereas Toshiba teaches a pivot only at one end of the base
member. Thus, even if a cover would somehow be attached in
Toshiba in a manner so as to meet the instant claim language with
respect to one position, that cover would not be positionable in
the other position required by the claims.
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