Ex Parte Garnett et al - Page 4


                   Appeal No. 2006-1998                                                                                           
                   Application No. 10/215,648                                                                                     
                   maximum of two processing modules when no dividing member is present and a                                     
                   maximum of four processing modules when a dividing member is present.                                          
                          Contrary to the examiner’s view, we find nothing in Jackson that suggests these                         
                   claim limitations.  The absence of fan trays 140 in Jackson in no way doubles the height                       
                   of the processing modules that may be received nor does it decrease to half the number of                      
                   processing modules (engine blade assemblies) that may be received.  The examiner states                        
                   otherwise at page 4 of the answer, but there is no cogent rationale as to why this is                          
                   supposedly the case in Jackson.  We also find unpersuasive the examiner’s response, at                         
                   page 7 of the answer, about the term, “operable” requiring only the ability to operate in                      
                   such a fashion, because the examiner has not shown how Jackson has the capability of                           
                   receiving modules of h height when a fan tray is received, but only the capability of                          
                   receiving modules of 2h height when no fan tray is received.  While Figure 2 of Jackson                        
                   does show four assemblies of engine blades with two fan tray units 140 received, we find                       
                   nothing in Jackson indicating that a maximum of two such engine blade assemblies may                           
                   be received when there are no fan trays received.                                                              
                          Accordingly, we will not sustain the rejection of claims 3, 6, and 17 under                             
                   §102 (e).                                                                                                      
                          With regard to claims 11, 12, 26-28, and 30, these claims are directed to the                           
                   specific flow of cooling air to flow from the front face of the enclosure to a support                         
                   module bypassing processing modules received in the information processing module                              
                   receiving locations and to a plenum chamber to allow the flow of cooling air.                                  






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