Ex Parte Diaz et al - Page 3



             Appeal No. 2006-1554                                                   Page 3                     
             Application No. 10/369,819                                                                           
                                                   OPINION                                                        
                    In reaching our decision in this appeal, we have carefully considered the                     
             appellants’ specification and claims, the applied prior art, and the respective                      
             positions articulated by the appellants and the examiner.  As a consequence of our                   
             review, we make the determinations that follow.                                                      
             Rejection under 35 U.S.C. § 102(e)                                                                   
                    In the rejection of independent claim 1, the examiner determined that Hrehor                  
             teaches a removable side panel member (207) of a casing of a computer (201) that                     
             includes a push button (211) located on a bottom surface portion of the computer,                    
             wherein, pushing the push button releases a side panel member from engagement                        
             with the computer casing.  Answer, p. 2 (citing Hrehor, col. 4, lines 39-44).  As to                 
             the claimed method steps, the examiner determined,                                                   
                          [A] general application of the prior art’s structure would                              
                          inherently encompass the steps as set forth, i.e.,                                      
                          positioning the computer with a normally hidden bottom                                  
                          surface portion thereof exposed [moving the computer                                    
                          from a location where a bottom surface portion is                                       
                          concealed by an adjacent wall or panel member or article                                
                          {box or piece of equipment, for example} so that the                                    
                          bottom surface portion is now exposed to a user]; and                                   
                          pushing a push button on the normally hidden bottom                                     
                          surface portion [pushing the button, now exposed, to                                    
                          release the side panel member from the casing].                                         
                          (Answer, p. 3 (emphasis in original.))                                                  
                    The examiner further explained,                                                               
                          It is viewed that the functional and abstract limitation                                
                          “normally hidden” may be reasonably interpreted and                                     
                          broadly applied depending upon the environment in                                       
                          which the computer is situated or placed i.e., as presently                             
                          recited, the computer may be a functioning or non-                                      





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