Appeal No. 2006-1554 Page 4
Application No. 10/369,819
functioning computer [used for parts e.g.,] that is stored
in the corner of a room [surface portions being
concealed], the computer being removed and positioned
so as to gain access into the casing when a part is needed
[surface portions exposed – button used to unlatch a
panel], the computer being returned to the corner when
not needed [restoration of the normally hidden surface
portions]. (Answer, pp. 4-5 (emphasis in original.))
The appellants contend that Hrehor discloses that the push button (211) is to
be “accessible from the front of computer system 201.” Brief, p. 12 (citing Hrehor,
col. 4, lines 30-44). The appellants argue that Hrehor does not disclose that the
push button (211) is located on a “normally hidden bottom surface portion” as
recited in claim 1. Brief, p. 13. With regard to the examiner’s position on
inherency, the appellants argue that use as a parts computer is not the normal use
for a computer device. Rather, the appellants contend that the normal use for a
computer device is as a functioning computer, and, in this normal use, the front
panel of the computer must be accessible since it contains drive access slots, etc.
Brief, p. 15. As such, the appellants challenge the examiner’s finding that a
general application of the structure of Hrehor would inherently encompass the step
of positioning the computer with a normally hidden bottom surface portion thereof
exposed, because the push button (211) of Hrehor is already exposed when the
computer is in its normal operating position. Brief, p. 15.
We agree with the appellants’ positions. First, we agree that Hrehor does
not disclose the step of pushing a push button on the normally hidden bottom
surface portion, because the push button (211) of Hrehor is clearly disclosed as
located on the front bezel panel (209) so that it is accessible from the front of the
computer system (201). Hrehor, col. 4, lines 28-31.
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