Ex parte OVERY et al. - Page 12




          Appeal No. 2000-0267                                      Page 12           
          Application No. 08/856,943                                                  


          a "peg section [that] protrudes from a wall of the receiving                
          compartment in an angled direction generally towards the                    
          spring contact" or an "element on the cradle member being                   
          angled towards a bottom of a housing receiving area of the                  
          cradle member . . . .”  Therefore, we reverse the obviousness               
          rejection of claim 22, of claim 29, and of claims 30 and 31,                
          which depend from claim 29.  We proceed to the second group of              
          claims.                                                                     


                                  II. Claims 23-25                                    
               The examiner asserts, “according to Tomura's Figs. 16-17,              
          the phone can be removed by first removing the speaker end of               
          the phone.  As the speaker end of the phone is pulled upward,               
          the phone pivots at lug (218), then the microphone end of the               
          phone is forced downward, in turn pushing, or deflecting the                
          spring (236) down . . . .”  (Examiner’s Answer at 8.)  He                   
          further asserts, “as the end part (Mattering and [sic] 118) is              
          moved outward, the spring (116) is deflected to allow the peg               
          section (111) to be disengaged with the slot (108).”  (Id.                  
          at 11.)  The appellants argue, “[t]here is no disclosure or                 
          suggestion of the telephone being displaced against the spring              







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