Appeal No. 2000-0267 Page 18
Application No. 08/856,943
Starting with the anticipation rejection, Tomura’s lug
does not receive the reference’s battery pack at all, let
alone the middle or top end thereof. To the contrary, the lug
fits into Tomura’s portable telephone. Specifically, “by
fitting the lug 218 into the retaining slot 254 of the
portable telephone 250, the portable telephone with the large-
capacity battery pack 258 attached thereto is fixed easily to
the charger 210 of the portable telephone.” Col. 9, ll. 37-
42. Furthermore, the reference shows that the lug 218 fits
into the bottom of Tomura’s portable telephone 250. Figs. 16
and 17.
Because Tomura’s lug fits into the bottom of its portable
telephone, we are not persuaded that the reference discloses
the limitations that "the element on the cradle member being
spaced from the bottom at an upper area of the housing
receiving area that receives a middle or top end of the
battery . . . .” Therefore, we reverse the anticipation
rejection of claim 26 and of claims 27 and 28, which depend
from claim 26.
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