Ex Parte HARMER et al - Page 9




          Appeal No.  2002-0313                                                       
          Application No.  09/302,106                                                 


          claimed shock-absorbing material reads on elastomeric layer 40              
          which is positioned “directly between the host computer and said            
          assembly.”  In particular, Gustafson shows in Figure 3 that the             
          disk drive assembly is mounted within a cage structure 54 that is           
          secured to a computer chassis (col. 4, lines 18-23).  Thus, the             
          Examiner has properly corresponded the claimed elements to those            
          of the prior art and determined the position of Gustafson’s                 
          elastomeric layer 40 as being directly between disk drive                   
          assembly 20 and the host computer through clip 38 and cage 54               
          which are, in turn, connected to the computer chassis.                      
               In view of the analysis above, we find that the Examiner has           
          met the burden of providing sufficient evidentiary support to               
          establish a prima facie case of anticipation.  In that regard,              
          Gustafson teaches a shock-absorbing material positioned directly            
          between the host computer and the disk drive assembly, as recited           
          in Appellants’ independent claim 1.  Accordingly, we sustain the            
          rejection of claims 1-4 under 35 U.S.C. § 102 over Gustafson.               









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