Ex parte MARUSKA et al. - Page 7




          Appeal No. 1998-0714                                                        
          Application No. 08/092,622                                                  


          reduced each year as the cost and technology change.                        
          Nonetheless, Kobayashi discloses (column 7, lines 59-63) that               
          the central elements of the PPM could be incorporated in a                  
          module that is 9.06" long, 5.12" wide, and 0.91" high, which                
          is sized and shaped so that the housing could be physically                 
          mounted in a disk drive slot.  Thus, Kobayashi meets all of                 
          the limitations of claim 1 with Blackborow being merely                     
          cumulative.  Although the rejection is based on Kobayashi in                
          view of Blackborow, it is permissible to affirm the rejection               
          relying on only Kobayashi.  See In re Bush, 296 F.2d 491, 496,              
          131 USPQ 263, 266-67 (CCPA 1961).  Accordingly, we will affirm              
          the rejection of claim 1 and of claim 2, grouped therewith.                 
               As to the second group of claims, representative claim 3               
          requires that the second means for interfacing "allows                      
          communications from one central processing unit to a second                 
          central processing unit."  As stated above, Kobayashi includes              
          a single central processing unit and precludes adding a second              
          central processing unit.  Therefore, the combination fails to               
          meet the claim limitation.  Accordingly, we cannot sustain the              
          rejection of claim 3 nor of the claims grouped therewith,                   
          claims 4 through 8.                                                         
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