Ex Parte MIMLITCH et al - Page 8




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


          be lacking in Marks.  Accordingly, the examiner’s rejections of             
          dependent claims 33 through 36 under 35 U.S.C. § 103(a) will also           
          not be sustained.                                                           


          The next rejection for our review is that of claims 52, 44                  
          and 46 under 35 U.S.C. § 103(a) as being unpatentable over Marks            
          in view of Howrilka and Watanabe.  In this instance, the examiner           
          has recognized (final rejection, page 6) that Marks “does not               
          disclose providing the cardcage sides with flanges and tabs, nor            
          alignment slots on the end plates.”  To account for these                   
          differences the examiner turns to Howrilka, urging that Howrilka            
          discloses (in Fig. 5) alignment tabs (66O) on cardcage bars (22O)           
          which engage with alignment slots (64O) on the end plate (14O),             
          and flanges (152) on the cardcage bar secured to end plate (14O)            
          by fasteners (156).  On the basis of the collective teachings of            
          Marks and Howrilka, the examiner concludes that it would have               
          been obvious to one of ordinary skill in the art at the time of             
          appellants’ invention to provide the cardcage sides or walls (13,           
          14) of marks with flanges and tabs and the end plates with                  
          alignment slots, in light of the teachings of Howrilka, in order            
          to facilitate alignment of the various structural components                
          before fastening them together.                                             
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