Ex Parte Lawlyes et al - Page 10




              Appeal No. 2005-0303                                                                                           
              Application No. 09/928,884                                                                                     

              unobvious over a teaching of providing heat sinks to protect circuits.  Appellants                             
              contend that by utilizing independent cooling on the partitioned circuit portions of the                       
              engine controller, “specific heat generating components can be specifically addressed                          
              while heat from such components can be isolated from the central controller” (principal                        
              brief-page 8).  But, it would appear to be a design choice, well within the skill of an                        
              artisan, as to whether one wishes to heat sink individual components or a group of                             
              components, or to seal individual components or a plurality                                                    
              of components.  Again, in any event, we do not find the argued limitation in the instant                       
              claims.  Accordingly, we will sustain the examiner’s rejection of claims 9-12, 16, and 17                      
              under 35 U.S.C. §103.                                                                                          
                      We have sustained the rejection of claims 8, and 13-15 under 35 U.S.C. §102 (b)                        
              and the rejection of claims 9-12, 16, and 17 under 35 U.S.C. §103.  Accordingly, the                           
              examiner’s decision is affirmed.                                                                               





                      No time period for taking any subsequent action in connection with this appeal                         
              may be extended under 37 CFR § 1.136(a) (1) (iv).                                                              
                                                   AFFIRMED                                                                  




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