Ex Parte Diaz et al - Page 7



             Appeal No. 2006-1554                                                   Page 7                     
             Application No. 10/369,819                                                                           
             not render obvious the method of claim 1.  In particular, the teachings of Miyai do                  
             not cure the deficiencies of Hrehor, viz, locating a push button on a normally                       
             hidden bottom surface portion such that to replace a side panel member, the user                     
             positions the computer to expose the normally hidden bottom surface portion and                      
             pushes a push button on the normally hidden bottom surface portion.  We find that                    
             Miyai discloses a portable cassette player (shown in Figure 12) that includes a pair                 
             of push buttons (69) on its front panel (53) and on its back panel (54).  Miyai, col.                
             7, lines 52-53 and 60-62.  To remove each facing member (51) from the cabinet                        
             (52), the push buttons (69) are depressed to release a hook (65) from a claw (70).                   
             Miyai, col. 8, lines 11-13.  We find no teaching or suggestion in Miyai to locate a                  
             push button on the normally hidden bottom surface portion of the cassette player.                    
             As such, we hold that a person of ordinary skill in the art, possessed with the                      
             understandings and knowledge reflected in the prior art, and motivated by the                        
             general problem facing the inventor, viz, of finding a method for replacing panels                   
             on a computer that does not lend itself to inadvertent or mischievous removal,                       
             would not have been led to the method of claim 1.  Because claims 4-6 depend                         
             from claim 1, we hold that these claims are also not obvious in view of Hrehor in                    
             view of Miyai.  Accordingly, we do not sustain the rejection of claims 4-6 under                     
             35 U.S.C. § 103.                                                                                     

                                      NEW GROUND OF REJECTION                                                     
                    Under our authority provided in 37 C.F.R. § 41.50(b), we enter a new                          
             ground of rejection of claim 1 under 35 U.S.C. § 103(a) as being unpatentable over                   







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