Ex Parte Modica - Page 8




             Appeal No. 2005-2569                                                                                     
             Application No. 10/200,828                                                                               


                    With respect to dependent claim10, appellant argues that appellant “cannot find                   
             in the cited combination” where the primary fan is connected to the modular brick by                     
             conduits.  (Brief at page 9.)  The examiner maintains that Bishop teaches and suggests                   
             the use of conduits to supply cooling air to the electronics.  (Answer at page 4.)  We                   
             agree with the examiner that Bishop fairly  suggests the use of conduits to supply                       
             cooling air from the floor into the enclosure.                                                           
                    With respect to independent claim 11, appellant again argues that the fans of                     
             Benavides are not outside the enclosure.  (Brief at page 10.)  Again, we do not find this                
             argument persuasive as discussed above, and we will sustain the rejection of                             
             independent claim 11 and dependent claims 12, 14, 15, and 19 which appellant has not                     
             set forth separate arguments for patentability.                                                          
                    With respect to dependent claims 16-18, appellant argues that appellant “cannot                   
             find in the cited combination” where the “the primary fan located outside the enclosure                  
             to exchange air with the modular brick includes positioning the enclosure above a floor                  
             tile that includes the primary fan.”   (Brief at page 11.)   As discussed above with respect             
             to claim 6, we agree with appellant and do not find that the examiner has established a                  
             prima facie case of obviousness, and we cannot sustain the rejection of claims 16-18.                    






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