Ex Parte THAYER et al - Page 3




              Appeal No. 2002-1744                                                                Page 3                
              Application No. 09/179,793                                                                                


                     Claim 36 stands rejected under 35 U.S.C. § 102(e) as anticipated by U.S. Patent                    
              No. 5,940,354 ("Inoue").                                                                                  


                                                       OPINION                                                          
                     Rather than reiterate the positions of the examiner or the appellants in toto, we                  
              address the main point of contention therebetween.  The examiner asserts, "Inoue . . .                    
              teaches in column 14, lines 52-62 that when the extended drawer is left unattended for                    
              a given period, the drawer is automatically withdrawn back into the device, thus                          
              requiring no additional actuation of the drawer extension regulation means."                              
              (Examiner's Answer at 5.)  "What [the] appellants have argued, and continue to argue,                     
              is that Inoue simply does not teach a system wherein the drawer, once extended, can                       
              be manually returned to the retracted position without requiring additional actuation of                  
              the drawer extension regulator."  (Reply Br. at 4.)                                                       


                     "Analysis begins with a key legal question -- what is the invention claimed?"                      
              Panduit Corp. v. Dennison Mfg. Co., 810 F.2d 1561, 1567, 1 USPQ2d 1593, 1597 (Fed.                        
              Cir. 1987).  In answering the question, "the Board must give claims their broadest                        
              reasonable construction. . . ."  In re Hyatt, 211 F.3d 1367, 1372, 54 USPQ2d 1664,                        
              1668 (Fed. Cir. 2000).                                                                                    









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