Appeal No. 2001-2038
Application No. 09/002,950
a battery to the flap of Mischenko, that attachment would be to
the rear of Mischenko’s flap and there would be no suggestion of
a “base which is mounted on only one end of said battery and
which is hinged to said body,” as set forth in independent claim
15. While Takagi 329 may show a base which is mounted on only
one end of the battery, that base is not “hinged to said body”
and there is no suggestion, in any of the applied references, for
providing such a hinged base mounted on only one end of the
battery.
Independent claim 19 does not call for a hinged base as in
claim 15 but claim 19 does require that the flap consists
“essentially only of a removable battery...” Again, while the
combination of Mischenko and Takagi 998 might suggest attaching a
battery to the rear side of Mischenko’s flap, there is no
suggestion of replacing the entire flap with a removable battery,
essentially making the battery that flip-down flap from which
sound is reflected into the microphone located in the body of the
radio telephone.
Accordingly, we will not sustain the rejection of claims 13
and 15-20 under 35 U.S.C. 103.
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