Ex parte OVERY et al. - Page 20




          Appeal No. 2000-0267                                      Page 20           
          Application No. 08/856,943                                                  


          and 28, which depend from claim 26.  We conclude with the                   
          fourth group of claims.                                                     


                                  IV. Claims 32-34                                    
               The examiner asserts that Tomura's “phone (250) is a                   
          battery housing.  The middle or top end of the battery housing              
          is the location of lug (218).”  (Examiner’s Answer at 9.)  He               
          further asserts, “the 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, “[i]n Tomura the lug (218) engages the                    
          housing of the telephone; not the housing which the battery is              
          disposed within.  In Mattinger et al. there is no indication                
          of where the battery is located in the hair cutter (103), much              
          less that the loop (11) engages the battery housing.  In                    
          addition, the loop (111) is on the adapter (105); not on the                
          cradle (101).”  (Appeal Br. at 13.)                                         










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