Ex parte SWARTZ et al. - Page 8




          Appeal No. 1998-2467                                       Page 8           
          Application No. 08/353,682                                                  


               The examiner's position (final rejection, pages 2-5) is                
          that Swartz does not disclose that the DC power source is a                 
          battery pack.  To overcome this deficiency of Swartz, the                   
          examiner turns to Shepard for a teaching of a battery pack in               
          the handle of a scanner.  In addition, the examiner states                  
          that Swartz and Shepard do not disclose that the circuit board              
          is in the handle of the scanner.  To overcome these                         
          deficiencies in Swartz and Shepard, the examiner turns to                   
          Eastman for a teaching of a circuit board in the handle of a                
          scanner.  The examiner further takes the position that Swartz,              
          Shepard, and Eastman do not disclose that the handle has a                  
          predetermined cross sectional dimension or that the handle is               
          removed solely along the axis of the handle.  To overcome                   
          these deficiencies of Swartz, Shepard, and Eastman, the                     
          examiner turns to Riley for a teaching of making the handle of              
          a uniform shape.  The examiner notes that Riley does not                    
          disclose that the handle is removable solely along the axis of              
          the handle, and takes the position that latching mechanisms                 
          that allow for "solely axial removal of portions of an                      
          apparatus are old and well known in the art" (final rejection,              
          page 5).  According to the examiner (id.), it would have been               







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