Ex Parte DeLuga - Page 5



            Appeal No. 2007-0507                                                                             
            Application 10/737,051                                                                           

                                            THE ISSUES1                                                      
                   1.  Does Ohgami disclose “angled” retention structures, as required by                    
            independent claims 7, 14, and 22?                                                                
                   2.  If Issue 1 is answered in the affirmative, do Ohgami’s angle retention                
            structures include the additional features recited in dependent claims 10 and 17?                
                   3.  If Issue 1 is answered in the affirmative, would it have been obvious to              
            modify Ohgami’s latch to employ a plurality of bosses and mating retention                       
            structures, as required by independent claims 1, 20, and 29?                                     
                   4.  If Issue 3 is answered in the affirmative, do Ohgami’s retention structures           
            include the additional features recited in dependent claims 2, 4, 39, and 41?                    
                                                                                                            
                                          PRINCIPLES OF LAW                                                  
                   Application claims are interpreted as broadly as is reasonable and consistent             
            with the specification, “taking into account whatever enlightenment by way of                    
            definitions or otherwise that may be afforded by the written description contained               
            in                                                                                               
                                                                                                            
                   1  The issues as stated herein reflect the Appellant’s arguments.  See Gechter            
            v. Davidson, 116 F.3d 1454, 1460, 43 USPQ2d 1030, 1035 (Fed. Cir. 1997) ("[W]e                   
            expect that the Board's anticipation analysis be conducted on a limitation by                    
            limitation basis, with specific fact findings for each contested limitation and                  
            satisfactory explanations for such findings.") (emphasis added).  Cf. In re Rouffet,             
            149 F.3d 1350, 1355, 47 USPQ2d 1453, 1455 (Fed. Cir. 1998) (“On appeal to the                    
            Board, an applicant can overcome a rejection [for obviousness] by showing                        
            insufficient evidence of prima facie obviousness or by rebutting the prima facie                 
            case with evidence of secondary indicia of nonobviousness.”).                                    
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