Appeal No. 2005-0324
Application No. 09/390,824
ground of rejection on the basis of that claim alone unless a
statement is included that the claims of the group do not stand or
fall together and, in the argument under paragraph (c) (8) of this
section, appellant explains why the claims of the group are believed
to be separately patentable. Merely pointing out differences in what
the claims cover is not an argument as to why the claims are
separately patentable.
Accordingly, for the rejections based upon 35 U.S.C. § 103, we will group
all the claims together and treat claim 1 as the representative claim.
Rejections under 35 U.S.C. § 103.
Appellant argues, on page 5 of the brief, that “[t]he Examiner fails to
identify any explicit suggestion to combine the references. Instead, the Examiner
asserts that it would have been obvious to combine the features of the disclosed
devices, ‘to provide an external connection to the card.’” Further, the appellant
argues that:
The central problem addressed by Moss is providing a device that
protects and aligns an expansion card during insertion and removal of the
card from a live chassis. The Moss device is configured to surround and
protect the card rather than allow any external access to the card. Moss
fails to provide any suggestion to combine the references.
Cranston III, et al. pertains only to a card cage that contains both a
planar circuit board that includes a CPU (i.e. a motherboard), and various
accessory boards that plug into the motherboard. The motherboard is the
heart of the computer system, containing devices essential to the
operation of the computer. The Cranston III, et al. device is not a card
carrier assembly, but rather an insertable computer. Cranston III et al.
fails to provide any suggestion to combine the references. (emphasis
original, citations omitted).
Further, on page 3 of the reply brief, appellant argues:
More particularly, the Moss device is intended to create a
connection to a live motherboard, whereas the Cranston III et al. device is
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