Ex Parte DeLuga et al - Page 10

                Appeal 2007-1106                                                                             
                Application 10/965,055                                                                       
           1    protruding battery of Shin had an irregular shape like Fuchida's, then Shin's                
           2    recess would also need an irregular shape.  The breadth of "receiving" as                    
           3    used in HP's claims and disclosure is sufficient to encompass the indentation                
           4    in the L-shaped battery of Fuchida receiving the protrusion of the docking                   
           5    station into the docking station recess to form a corresponding L-shaped                     
           6    recess.                                                                                      
           7          More broadly, those skilled in the art understood the interplay                        
           8    between docking station and protruding battery to avoid physical obstruction                 
           9    of docking.  The problem immediately suggests three solutions.  First, the                   
          10    modification of the docking station to receive the protruding battery (as                    
          11    shown in Shin).  Second, the modification of the battery to receive the                      
          12    docking station.  Third, the modification of each to accommodate the other                   
          13    (as suggested by the shapes in Fuchida).  Note that the claims encompass                     
          14    both the second and third alternatives,23 that is, they do not exclude                       
          15    embodiments in which both the battery housing and the docking station have                   
          16    corresponding protrusions and recesses.                                                      
          17          The reason for combining the teachings of the references need not be                   
          18    the same as the ones that inspired the applicant.24  Fuchida uses a battery                  
          19    with an interlocking shape, presumably to ensure proper orientation.  If                     
          20    Fuchida's battery were bulkier to provide additional power as Shin teaches,                  
          21    the need for proper orientation would still exist.  In the case of orthogonal                
          22    interlocking members, more members would further constrain the possible                      

                                                                                                            
                23 Indeed, the protruding docking portion of HP's Figure 3 appears to be                     
                custom-fitted to the recess in the battery housing.                                          
                24 In re Dillon, 919 F.2d 688, 692-94, 16 USPQ2d 1897, 1901-02 (Fed. Cir.                    
                1990) (en banc).                                                                             
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