Ex parte ELLIOTT - Page 4




          Appeal No. 2001-1355                                                        
          Application No. 09/110,348                                                  

          I. The 35 U.S.C. § 112, second paragraph, rejection of claims               
          1 through 5, 7 and 8                                                        
               We shall summarily sustain this rejection inasmuch as the              
          appellant has not challenged the examiner’s contention that                 
          claims 1 through 5, 7 and 8 are indefinite due to a lack of                 
          proper antecedent basis for the term “the housing” in parent                
          claim 1.                                                                    
          II. The 35 U.S.C. § 112, first paragraph (written                           
          description), rejection of claims 1 through 5, 7 through 9 and              
          11                                                                          
               This rejection rests on the examiner’s determination that              
          “[r]egarding claims 1 and 9, the originally filed                           
          specification failed to disclose a removable support wall and               
          a top/dome removable with the support wall” (answer, page 3).               
          As indicated above, independent claim 1 recites a cooling                   
          apparatus comprising, inter alia, a removable support wall                  
          disposed on the rim of the housing means and a top disposed on              
          the support wall and removable with the support wall for                    
          adding liquid cooling medium to the housing (means).                        
          Independent claim 9, which recites a dome instead of a top,                 
          contains similar limitations.                                               

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