Ex Parte Barrett Jr - Page 6

                 Appeal 2007-2203                                                                                        
                 Application 10/311,659                                                                                  















                        Krabatsch Figure 1 shows a battery cell cover 1 having an insert 21                              
                        extending through the cover 1 and locked thereto.  Abstract.  Insert 21                          
                        includes a filler tube 23 for filling the battery cell.  Abstract.  A                            
                        hinged cap 11 covers filler tube 23.  Cap 11 is integrally connected to                          
                        the insert 21 and locked in place by a snap action with the top of the                           
                        insert.  Abstract.                                                                               

                                        ANALYSIS AND CONCLUSIONS                                                         
                        As noted above, we interpret the language “a battery cell cover” as                              
                 reading on a cover having a single, as well as a multi-piece construction.                              
                 Thus, we are in agreement with the Examiner that the claimed cover reads                                
                 on Krabatsch’s combined cover 1 and insert 21.  In addition, as noted by the                            
                 Examiner, the insert 21is locked to the cell cover 1 so as to form a single                             
                 cover structure.  Finding of Fact 7.                                                                    


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