Appeal No. 2000-0267 Page 21
Application No. 08/856,943
Claim 32 specifies in pertinent part the following
limitations: "the housing must be displaced with support from
the spring bias to engage the housing with the element
disposed on the cradle member.” Accordingly, the claim
requires inter alia that an element of a cradle engages the
housing of a battery.
Starting with the anticipation rejection, Tomura’s lug
does not engage the reference’s battery pack. To the
contrary, the lug 218 fits into the retaining slot 254 of
Tomura’s portable telephone 250 as mentioned regarding claims
26-28.
Because Tomura’s lug fits into its portable telephone, we
are not persuaded that the reference discloses the limitations
that "the housing must be displaced with support from the
spring bias to engage the housing with the element disposed on
the cradle member.” Therefore, we reverse the anticipation
rejection of claim 32 and of claims 33 and 34, which depend
from claim 32.
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