Appeal No. 2000-0538
Application 08/762,131
an electrical connection, the electrical connection would not be
covered (that is, concealed and protected) in the “first
position”. Appellants argue that this is because the battery
pack as shown in figure 4 of Leung shows that the length of the
arm members (20) necessary to use as a handle would eliminate any
capability to conceal and protect the electrical connections. On
page 14 of the brief, Appellants quote the pertinent portion of
claim 48 and make the same argument which we just pointed out
above.
On page 5 of the Examiner’s answer, the Examiner responds to
these arguments by stating that claims 33 and 48 do not claim the
feature recited above. The Examiner argues that the language
requires the rear side to be covered or not covered by the
battery pack and not the electrical connections.
Upon our reading of the Appellants’ claims 33 and 48, we
find that the claims require two limitations which are argued by
the Appellants. First, Appellants’ claims 33 and 48 recite “said
rear side of the portable computer, provided with an electric
connection”. Thus, all the claims before us require that the
electrical connection is located on the rear side of the
computer. The second limitation recited by claims 33 and 48 is
“said battery pack can assume a first position where said rear
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