Ex Parte DeLuga et al - Page 4

                Appeal 2007-1106                                                                             
                Application 10/965,055                                                                       
           1    corresponding structure to the receiving means.9  We note that all three                     
           2    figures show a U-shaped housing that wraps around a protrusion on the                        
           3    docking structure shown in Figure 3.  We further note, however, that HP's                    
           4    specification contemplates other geometries, including an L-shape, an arc, a                 
           5    W-shape, or any other shape with a recess 104 for receiving the docking                      
           6    station.                                                                                     
           7          Our claim construction for the contested receiving means is                            
           8    constrained by 35 U.S.C. 112(6), which limits the breadth of the receiving                   
           9    means to the corresponding structure in the disclosure (and equivalents).  As                
          10    is too often the case with means-plus-function limitations, neither the                      
          11    applicant nor the examiner has provided much guidance on the scope of the                    
          12    corresponding structures and equivalents.  The receiving means is not                        
          13    limited to the U-shape shown in HP's figures, but it does require a shape                    
          14    with a recess into which some portion of the docking station fits during                     
          15    docking.  While Us, Ls, Ws, and arcs are specifically disclosed, other                       
          16    recessed shapes (As, Bs, Cs, etc.) would be equivalent.                                      
          17          Shin on its face does not anticipate a properly construed claim 22.  In                
          18    Shin, the recess is in the docking station, not the battery housing.  Although               
          19    the examiner elsewhere characterizes the housing as having an L-shape,10                     
          20    even if true the L-shape is formed to receive the computer, not the docking                  
          21    station.  Since Shin does not teach a limitation of the claim, the anticipation              
          22    rejection of claim 22 is reversed.                                                           



                                                                                                            
                9 Appeal Br. 6.                                                                              
                10 Answer 6.                                                                                 
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