Appeal No. 2001-2038
Application No. 09/002,950
folding radio telephone set, with the battery positioned as it is
in Mischenko, so there would appear to be no reason to change its
location.
Accordingly, we will not sustain the rejection of claim 10,
or, it follows, the rejection of claim 12 dependent thereon,
under 35 U.S.C. 103.
With regard to claims 13 and 15-20, these claims are
directed to a first embodiment of appellant’s invention wherein a
base, or a housing is provided as the flap and the battery is
inserted thereinto. The flap acts as the sound reflector. The
examiner adds Takagi 329 for the teaching of a base 17 in Figure
3 mounted at the end of a battery and contends that it would have
been obvious to incorporate the use of such a base, mounted at
the end of a battery, in Mischenko, as modified by Takagi 998,
for extending the time of use of the radio telephone with
prolonged power. We disagree.
Takagi 329 is not directed to a radio telephone with a flap
that moves between an operative position and a closed position so
it is unclear why the artisan would look to Takagi 329 for any
teaching of providing power in such telephones. While the
combination of Mischenko and Takagi 998 may provide for attaching
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