Appeal No. 2001-1863
Application No. 08/603,665
In response to Appellant’s assertion that the portable
telephone in Morris makes contacts with the adaptor at five
different surfaces, the Examiner advances a new theory at pages 5
and 6 of the Examiner’s answer. The Examiner points to Fig. 1 of
Morris and asserts (id. at page 5) that “[t]he mounting bracket 58
also has an electrical interface (48, 50; as shown in Fig. 1)
which is configured to interface and connect with the electrical
connectors of the track (12) of the computer.” However, we do not
agree with the Examiner’s interpretation of Fig. 1 of Morris.
Element 10 in Fig. 1 enables the telephone 38 to be removably
connected to the computer 22, therefore, element 10 would
correspond to element 62 in Fig. 7 which the Examiner had used in
the final rejection. However, if we consider 10 as the
interconnecting module this module is not removably connected to
the computer as recited in claim 1.
The Federal Circuit in In re Lee, 277 F.3d 1338, 1344-1345,
61 USPQ2d 1430, 1434-35 (Fed. Cir. 2002) emphasized the need for an
informed decision by the agency based upon evidence in the record.
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