Ex Parte WHEELER et al - Page 2


           Appeal No. 2001-0119                                                                
           Application No. 09/281,870                                                          



           appealed subject matter are recited in illustrative claim 68                        
           reproduced below:                                                                   
                      68.  A cordless device comprising:                                       
                      a housing;                                                               
                      a cavity within said housing;                                            
                      a receptacle disposed in said cavity;                                    
                      a battery pack electrically connected to the                             
                receptacle, the battery pack comprising:                                       
                      a cell;                                                                  
                      a casing carrying the cell and having a front end;                       
                and a retaining means disposed at the front end of the                         
                casing for retaining the cell within the casing;                               
                      wherein at least one of the receptacle and the                           
                battery pack have a first round terminal, and the other                        
                of the receptacle and the battery pack have a first                            
                connecting terminal for contacting the first round                             
                terminal; and                                                                  
                      at least one of the receptacle and the battery                           
                pack have a second round terminal, and the other of the                        
                receptacle and the battery pack have a second                                  
                connecting terminal for contacting the second round                            
                terminal;                                                                      
                      said first round terminal and first connecting                           
                terminals and said second round terminal and second                            
                connecting terminal being matable in any angular                               
                orientation of the battery pack.                                               
                The examiner relies on the following United States patent as                   
           evidence of unpatentability:                                                        
           Wheeler et al.              5,489,484                   Feb. 6, 1996                
                (Wheeler)                                                                      
                Claims 68 through 99 on appeal stand rejected under the                        
           judicially created doctrine of obviousness-type double patenting                    
           as unpatentable over claims 32 through 46, 56 through 63, 66                        
           through 68, and 71 through 75 of the Wheeler patent.  (Examiner’s                   
           answer, pages 3-5.)                                                                 


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