Ex Parte CRUZ - Page 2




              Appeal No. 2003-0240                                                               Page 2                
              Application No. 09/435,507                                                                               


              35 U.S.C. § 102(b) and reversed the examiner's rejection of claims 7 and 14 under                        
              35 U.S.C. § 103.                                                                                         


                    We have carefully considered the argument raised by the appellant in their request                 
              for rehearing, however, that argument does not persuade us that our decision was in error                
              in any respect.                                                                                          


                    The sole argument (pp. 2-3) raised by the appellant is that claim 1, the only                      
              independent claim in this application, specifies that the front face of the wall mount has "a            
              switch-engaging surface portion adapted to engage said switch operating member to open                   
              said switch as said appliance is assembled onto said wall mount . . ."  and that such a                  
              construction is not shown by Andis.  The appellant contends that the holder 17 of Andis                  
              has faces (e.g., laterally spaced walls or surfaces 95 and 97) which are neither front faces             
              nor rear faces but are faces located on planes perpendicular to wall 13.  The appellant                  
              points out that the hair dryer of Andis must be turned sideways so that its off/on switch 21             
              engages the wall 95 which is in contrast to the appellant's construction.                                


                    In our view, the claimed limitation that the front face of the wall mount has "a switch-           
              engaging surface portion adapted to engage said switch operating member to open said                     









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