Appeal No. 1997-2878
Application No. 08/287,505
as claimed. Since neither Dola nor Dellinger discloses or
suggests a cover member that is free from apertures, the
combination of these references clearly cannot suggest such a
feature.
Moreover, the claims require a hinged cover member.
While Dellinger appears to show such a cover, Dola clearly
does not as the cover in Dola is merely slid into place via
slots on the sides of the device and so there would be no
suggestion in Dola of providing a hinged cover member. Thus,
Dola is an improper reference on two grounds: no hinged cover
member and no cover member that is free from apertures.
Dellinger merely lacks a cover member free from apertures.
Accordingly, the rejections of claims 1 and 29 under 35
U.S.C. § 103 based on Dola and/or Dellinger are reversed.
We turn now to the rejection of claims 2 through 28 and
30 under 35 U.S.C. § 103 over Hampton. The propriety of this
rejection will depend on whether Hampton is a viable reference
with regard to the effective filing date of the instant
application.
The instant application, filed August 8, 1994, is a
continuation of an application filed October 25, 1993 which is
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