Ex Parte MIMLITCH et al - Page 12




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


          1) The examiner should consider whether a rejection of                      
          claims 42 through 47 and 52 would be appropriate under 35 U.S.C.            
          § 112, second paragraph.  More specifically, we note that there             
          does not appear to be a proper antecedent basis in claim 52 for             
          the “alignment tabs” of the second cardcage side as recited in              
          the last portions of the claim, since in line 9 of claim 52 the             
          second cardcage side is said to have “at least two alignment                
          guides,” not alignment tabs.  As a further issue, the examiner              
          should determine if the “first and second airflow entrance                  
          guides” of claim 44 attached to the first cardcage side are the             
          same as or different from the “airflow diverter” of claim 52                
          coupled to the first cardcage side for altering airflow through             
          the cardcage.  The same problem appears to exist with regard to             
          the “first and second airflow exit guides” of claim 46 attached             
          to the second cardcage side and the “airflow diverter” of claim             
          52 coupled to the second cardcage side.                                     


          2) Given our comments above concerning the deficiencies of                  
          Marks with respect to claim 51 on appeal and our observations               
          concerning the teachings of Howrilka, we are of the opinion that            




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