Appeal No. 95-4206
Application No. 07/803,465
between the control circuit board and the memory storage disk
unit...” [emphasis ours]. Referring to Figures 5 and 6 of
Takahashi, the examiner appears to take the position that
circuit board 321 may be considered a “top cover” which forms
an air passage [the passage being between circuit boards 321
and 322]. Since this “top cover” creates an air flow passage
between boards 321 and 322 and this air passage is between
control circuit board 322 and memory storage disk unit 13 in
Takahashi, the examiner apparently considers the air flow
passage to be a “gap” between the control circuit board and
the memory storage disk unit. It is our view that such an
interpretation is not well founded. Claim 5 clearly requires
a “gap” between the control circuit board and the memory
storage disk unit. It is not reasonable to consider that
there is such a “gap” in Takahashi when Takahashi has a
physical separation, a barrier, between the channel housing
the control circuit board (on the right in Figure 5 of
Takahashi) and the channel housing the memory storage disk
unit, 13.
Since Takahashi fails to disclose the claimed ”gap,”
Takahashi cannot be said to anticipate the subject matter of
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