Appeal 2007-2203
Application 10/311,659
Specification 2, l. 26-p. 3, l. 2. Claim 28 is illustrative of the invention and is
reproduced below:
28. A battery cell cover and cap assembly comprising:
a battery cell cover having at least one aperture formed therein;
a cap for aperture of said cover; and
a hinge for pivotally interconnecting said cap directly to said cell
cover for selectively covering and uncovering the aperture of said cover.
The Examiner relies on the following prior art references to show
unpatentability:
Krabatsch DE 33 30 823 A1 Mar. 1, 1984
Shestok US 4,778,735 Oct. 18, 1988
Francisco US 5,278,003 Jan. 11, 1994
The Examiner made the following rejections:
1. Claim 28 under 35 U.S.C. § 102(b) as anticipated by Francisco.
2. Claims 29 and 30 under 35 U.S.C. § 103 as unpatentable over
Francisco.
3. Claims 28 and 31-34 under 35 U.S.C. § 102(b) as anticipated by
Krabatsch.
4. Claims 35 and 36 under 35 U.S.C. § 103 as unpatentable over
Krabatsch in view of Shestok.
I. REJECTIONS BASED ON FRANCISCO – Claims 28-30
Issue
Appellant asserts that Francisco’s cap is not connected to the battery
cell cover (the primary cover), but is mounted in a secondary cover. Br. 10.
2
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