Ex Parte DeLuga et al - Page 9

                Appeal 2007-1106                                                                             
                Application 10/965,055                                                                       
           1    failure to show a receiving means in the context of the anticipation                         
           2    rejection.22                                                                                 

           3          Level of skill in the art                                                              
           4          The skill artisan understood that a battery protruding from a laptop                   
           5    computer could pose difficulties when docking the computer to a docking                      
           6    station.  Shin shows the problem being resolved by adapting the docking                      
           7    station to accommodate the battery.  Those skilled in the art would also have                
           8    been familiar with adaptations of both battery housing and the recess such as                
           9    the L-shape of both the battery housing and the various recesses (in both the                
          10    computer and the docking stations) of Fuchida.                                               
          11          Those skilled in the art understood that batteries and recesses need to                
          12    be mutually adapted to fit each other.  In Shin the relative conformations of                
          13    battery and recess are simple block shapes, but in Fuchida the battery and                   
          14    recesses are L-shaped such that each wraps around the other.                                 
          15          Those skilled in the art would have appreciated the need to vary the                   
          16    number of cells in the battery to meet performance and duration goals,                       
          17    specifically including the six-cell battery shown in Ohnishi.  Similarly, those              
          18    skilled in the art would have appreciated the convenience of using the                       
          19    docking station to recharge the laptop battery as shown in Fukushima.                        

          20          Synthesis of findings                                                                  
          21          The art, particularly in Shin, shows an appreciation of the problem:                   
          22    getting a protruding battery to work with a docking station.  Fuchida shows                  
          23    that irregularly shaped laptop computer batteries were in use.  If the                       
                                                                                                            
                22 HP does not otherwise separately argue the patentability of claim 23.                     
                Appeal Br. 11.                                                                               
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