Appeal No. 96-1918
Application 08/196,931
between the fingers of the hand and the lateral surfaces of
the grip case 35, thus reducing the force needed for
grasping (translation, page 8). The grip case 35
illustrated in figure 6 appears to have "sufficient length
and width to accommodate at least three fingers of a human
hand curled about it when the wrist of said human hand is
positioned perpendicularly to said base unit" as recited in
claim 1. The grip case 35 could be used as a handle with
the fingers wrapped around it with the hand perpendicular to
the base. Use limitations do not impart structural
features. Therefore, claim 1 does not define structurally
over Nishiwaki.
Appellant argues that "Clark does not teach or suggest
that his tower be used as a handle, where a user wraps at
least three fingers of his/her hand around it with his/her
wrist positioned perpendicularly to the housing, as
applicant is claiming" (Br4). It is true that Clark (and
Nishiwaki) do not teach that the tower 62 (or grip case 35
in Nishiwaki) were intended to be gripped with the fingers
as claimed. However, the "handle" limitation merely defines
an intended use for structure inherent in the devices of
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