Ex Parte MIMLITCH et al - Page 6




          Appeal No. 2002-2341                                                        
          Application 09/466,277                                                      


          vertically downward into the rack).  In that regard, we                     
          additionally agree with the examiner that each of the walls (13,            
          14) of Marks has “a plurality of generally parallel and spaced              
          apart card guide attachment locations” intermediate adjacent sets           
          of airflow openings (21, 22) in each of the walls and aligned               
          with respective openings (19) in the back flanges (18) of the               
          respective walls, as well as first and second flanges (17, 18) as           
          set forth in claim 51.4  In addition, we agree with the examiner            
          that the end walls (8, 9) of Marks cardcage generally correspond            
          to appellants’ first and second end plates that are ultimately              
          aligned with and attached to the first and second cardcage                  
          sides/walls (13, 14), and that the plug-in receptacle connectors            
          (7) of Marks generally correspond to appellants’ “backplane” of             
          claim 51.                                                                   


          Where the examiner’s anticipation rejection fails is in not                 
          treating the requirement in claim 51 on appeal that the first and           

               4  Like the examiner, we have given the language “a plurality          
          of generally parallel and spaced apart card guide attachment                
          locations” its broadest reasonable interpretation in light of               
          appellants’ disclosure of the alternative embodiment set forth on           
          page 12, lines 1-5, of the specification and as defined in claim            
          34, which depends from claim 51, i.e., that the claim language              
          merely defines locations on the sides/walls designated to be card           
          guide areas of the cardcage when in final form.                             
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