Appeal No. 2000-1592
Application 08/661,220
a matter of claim interpretation. None of these claims require
only three support points. Clearly, the four support points 5,5
and 3,3 in Figures 1 and 2 of Léman include the recited 3 support
points recited in each of these independent claims on appeal.
Furthermore, the additional limitation with respect to them
recited in each of these independent claims on appeal, that of
they being placed in a triangular pattern, is still met by the
teachings and showings in Figures 1 and 2 of Léman as to the
relative location, generally speaking, of guide fins 5,5 with
respect to the general location of the charging contacts 3,3.
The fact that the reference teaches more than what is claimed
does not obviate its applicability to that which is positively
claimed. The claims do not exclude the additional teaching of
an additional point, that is, the fourth point among
corresponding structures 5,5 and 3,3 in Léman.
As to argued dependent 5 at page 5 of the principal brief on
appeal, we are persuaded by appellant's reasoning here. The ribs
5 in the battery charger base 1 of Léman and their corresponding
grooves 6 in the telephone 2 cannot also be construed by the
examiner as the additionally recited feature of the vertical rib
or groove in dependent claim 5 on appeal. As noted by appellant
5
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