Ex Parte DeLuga - Page 12



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

            which faces the inside of battery receptacle 17, we find that surface extension 66               
            (including cavity 67) and surface 66 form an “inwardly angled structure.”                        
            Although cavity 67, which provides the retention function, is a cylindrical surface,             
            it properly can be characterized as perpendicular to surface 60 because its axis is              
            perpendicular to that surface.  Appellant’s arguments regarding this limitation are              
            unpersuasive because they fail to take into account that the Examiner is relying on              
            the ninety-degree angle formed by surface extension 66 (including cavity 67) and                 
            surface 60.  Appellant instead discusses curved cavity surface 67 without                        
            addressing its angular relationship with surface 60 (Br. 8-9) and discusses surface              
            extension 663 without addressing its relationship to surface 60 (Reply Br. 2).                   
                   Turning now to the recited “mating angled structure” of the boss, the                     
            Examiner found that this limitation reads on Ohgami’s cylindrical battery pillar 42              
            because its cylindrical surface is perpendicular to end surface 35b of battery case              
            32 (Final Action 10; Answer 10-11).  We do not agree that the end surface 35b of                 
            the battery case can be considered to be part of the recited boss.  However, the flat,           
            circular end surface of the battery pillar is perpendicular to the axis of its                   
            cylindrical surface, with the result that those two surfaces define an “angled                   
            structure” of the boss.  Furthermore, because the radius of curvature of the                     
            cylindrical surface of the battery pillar is the same as the radius of curvature of              
            cavity 67 in guide wall portion 59 (i.e., the recited lifter), the angled structure of           
                                                                                                            
                   3   The Reply Brief at page 2 is partially correct in characterizing “portion             
            66” as flat.  Surface extension 66 of cam surface 65 includes a flat surface region              
            (unnumbered) and the cylindrical surface region 67 (Ohgami, col. 9, ll. 56-61).                  
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