Appeal No. 2000-0267 Page 17
Application No. 08/856,943
element is identified as Mattinger's loop (111), the middle
slot is Mattinger's slot (108). Further, Mattinger is a
battery operating device, the device houses the battery.
Therefore, the device simply can be considered as the battery
housing.” (Id. at 12.) The appellants argue, “Tomura et al.
does not disclose or suggest the lug (218) being located at
the area that receives the middle or top of the battery.”
(Appeal Br. at 5.) They further argue, “[t]here is no
disclosure or suggestion in Mattinger et al. of where the
battery is located in the hair cutter (103) much less that
loop (111) is at an upper area of the receiving area that
receives a middle or top end of the battery.” (Id. at 5-6.)
Claim 26 specifies in pertinent part the following
limitations: "the element on the cradle member being spaced
from the bottom at an upper area of the housing receiving area
that receives a middle or top end of the battery . . . .”
Accordingly, the claim requires inter alia that an element of
a cradle receives a middle or top end of a battery.
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