Appeal No. 2005-0460
Application No. 09/775,881
it is the examiner's burden in the first instance to establish
that Chang describes all the features of the claimed invention
within the meaning of § 102. Here, the examiner has not
satisfied his burden of demonstrating that Chang describes
element 60 as an element which dissipates and absorbs heat.
Consequently, we are constrained to reverse the examiner's § 102
rejection of claims 1, 2, 5, 6, 13, 14, 17 and 18.
Claims 19 and 20 do not require a heat sink. Rather, the
claims call for a convective cooling means mounted on the means
for holding a hard disk drive. The requirements of claims 19 and
20 seem to have been overlooked by appellant who argues "Claims
1, 2, 5, 6, 13, 14, 17, and 18-20 are allowable over Chang since
Chang neither teaches nor suggests a heat sink mounted on a
carrier for holding a hard disk drive" (page 6 of Brief, second
paragraph, emphasis added). Since appellant acknowledges that
cover 60 of Chang "includes ventilating slots 62" (page 4 of
Brief, penultimate paragraph), we find that Chang describes means
for convective cooling on the holder for the hard disk drive.
Accordingly, we will sustain the examiner's § 102 rejection of
claims 19 and 20.
Concerning the examiner's § 103 rejection of claims 3, 4, 15
and 16 over Chang in view of Lin, Lin's disclosure of a removable
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