Appeal 2007-1106
Application 10/965,055
1 recess, Fuchida plainly does. The L-shaped battery housing 103 of Fuchida
2 has an indentation (hence the L-shape) that corresponds to a projection on
3 the docking stations 102, 104.
4 For claims 18-20, HP argues that none of the references teach a
5 battery housing with a transverse member and with first and second lateral
6 members that define a recess.19 The examiner construes "member" very
7 broadly to include the edges of the battery housing.20 Consequently, an
8 orthogonal structure, like the battery in Fuchida, will have a transverse edge
9 connecting lateral edges. HP does not point to a specific definition of
10 "member", but consistently uses the term to mean a solid structural
11 element.21 The examiner's construction of "member" is broader than would
12 be reasonable to one skilled in the art in view of the specification.
13 Moreover, HP's use in the specification comports with the ordinary meaning
14 of member as a constituent part rather than a defining boundary.
15 Nevertheless, HP's use of member in the specification does not compel us to
16 read the specific proportions of the drawings into the claim limitations.
17 Fuchida's battery housing necessarily has a transverse member connected at
18 one end to a single lateral member to form an L-shape. Fuchida does not
19 teach a second lateral member.
20 For claim 23, which depends from claim 22 with the further limitation
21 of means to provide power to charge the battery, HP relies on the examiner's
19 Appeal Br. 9-10.
20 Answer 5.
21 E.g., Specification at ¶¶0013-0014, items 106, 108, and 110.
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