Appeal No. 2005-0460
Application No. 09/775,881
grouped by the examiner in the separate rejections stand or fall
together.
We consider first the examiner's rejection of claims 1, 2, 5
6, 13, 14, 17 and 18-20 under § 102 over Chang. Claims 1, 2, 5,
6, 13, 14, 17 and 18 define a device for removably mounting a
hard disk drive in a memory storage housing comprising, inter
alia, a heat sink mounted on the carrier for holding the hard
disk drive. The examiner takes the position that upper cover 60
of Chang meets the claim requirement for a heat sink. The
examiner accepts appellant's definition of a heat sink as a
device that absorbs and dissipates heat, and maintains that
element 60 of Chang meets this definition by being a device
comprising slots which "enhance the dissipation of heat of the
hard disk," citing column 4, lines 3-4 of the reference (page 5
of Answer, lines 1-3). However, while Chang teaches that the
slots of element 60 enhance the dissipation of heat, the examiner
seems to ignore the other requirement for a heat sink, namely,
that it absorb heat. The examiner has pointed to no teaching in
Chang that supports the conclusion that the reference describes
element 60 as a heat absorbing material. Although the examiner
states that Chang "nowhere suggests plastic as the material for
element 60 or the carrier" (page 5 of Answer, second paragraph),
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