Appeal No. 2002-0670
Application 09/416,547
Juvet discloses a device retention assembly for use in the
dashboard of an automobile. Juvet discloses a casing 10 of sheet
metal. Page 1, line 80. The casing includes a guide channel 30.
A device 11, including cover 14, is moved in and out of the
casing, and the device’s movement is controlled by guide pin 37
which moves in the guide channel 30. A restraining means 40 in
the form of a leaf spring with an arcuate end is provided as a
retention mechanism. The arcuate portion at the free end of the
spring 40 is formed in this shape to aid in flexing the retention
mechanism by camming it away from the guide both in engaging and
in disengaging directions. Inasmuch as the casing 10 is
disclosed as a sheet metal, and the rest of the device is
crosshatched as a metal, it is clear to us that the device
retention assembly acts as a ground for the device 11,14.
It is our view that the reference to Juvet provides a prima
facie case of anticipation based on inherency of the claimed
subject matter on appeal. See In re King, 801 F.2d 1324, 1326,
231 USPQ 136, 139 (Fed. Cir. 1986). As such the burden has
shifted to the appellant to prove that the structure in Juvet
does not provide the functional attributes called for in the
claims.
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