Appeal 2007-2203
Application 10/311,659
Appellant thus contends that Francisco fails to disclose or suggest the claim
limitation of a battery cell cover and cap assembly wherein the cap is
hingedly connected directly to the battery cell cover. Br. 10. The Examiner
contends that the combination of Francisco’s primary and secondary covers
is properly characterized as the claimed “battery cell cover” because they are
securely engaged with each other and cover the battery container. Answer
6-7. Thus, the issue for us to determine is whether the claim language
“battery cell cover” reads on the combination of Francisco’s primary and
secondary covers.
Relevant Findings of Fact
1) Francisco discloses a cover assembly for maintenance-free lead-
acid batteries.
2) The cover assembly comprises “a primary cover generally
designated 50 having an upper flat portion or raised platform 1 with rims
or tabs 2 for securing a secondary cover 60.” Col. 2, ll. 54-57.
3) A gas condensation chamber base 85 is located on the primary
cover 50. Col. 3, ll. 9-11. The gas condensation chamber base 85
receives and secures the gas condensation chamber housing 80. Col. 3,
ll. 14-16.
4) Six circular chambers 23 are arranged in series across the gas
condensation chamber base 85. Col. 3, ll. 23-24. The chambers 23 are
positioned over respective cells of the battery. Col. 3, ll. 28-29. Each
chamber 23 is covered by a removable plug 26. Col. 3, l. 32.
5) The secondary cover 60 includes stops 60b which engage the rims
or tabs 2 of the primary cover 50. Col. 3, ll. 52-54. The lower edge of
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Last modified: September 9, 2013