Appeal No. 2003-1204
Application No. 09/592,535
The examiner then contends that it would have been obvious to modify the hinge
assembly of Kawamoto with Wu’s hinge assembly “for the purpose of having the cover
being rotating [sic] about two axes perpendicular to each other but not intersecting to
each other, so that a space provided between the cover and the base when the
computer apparatus is in a closed position could be different with a space provided
between the cover and the base when the computer apparatus is in an open position”
[answer-pages 4-5].
We find the examiner’s position to be erroneous for several reasons.
First, we agree with appellant that, at best, Wu is ambiguous as to whether the
two axes of rotation intersect or not. While Wu calls for a “horizontal axle 2" (see
column 2, line 10), this axle is nowhere labeled in the drawings of Wu. While Wu’s
horizontal axis of rotation may be effected by elements 22 and 242, elements 212 and
232 would also seem to be a part of the mechanism which allows the display to rotate in
the vertical direction. Thus, it is not clear where, exactly, the horizontal axis of rotation
lies on Wu. If it is half-way between elements 212 and 222 in Figure 3, then it is still
unclear whether this axis of rotation intersects with the vertical axis of rotation effected
by elements 11, 12 and 13.
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