Ex Parte Hishinuma et al - Page 15



                 Appeal No. 2006-0476                                                                                    
                 Application No. 10/365,258                                                                              

                 sustain the examiner’s rejection of claim 35 under 35 U.S.C. § 102 as being                             
                 anticipated by Fox.                                                                                     
                 Rejection of claims 21, 22, 36 through 39.                                                              
                        Appellants argue, on page 13 of the brief, that the rejection of claims 21,                      
                 22 and 36 through 39 under 35 U.S.C. § 103 as being unpatentable over Fox is                            
                 improper for the reasons asserted with respect to independent claims 12 and 32.                         
                        We concur.  In rejecting these claims, the examiner has provided no                              
                 additional evidence, which overcomes the deficiencies in the rejection of claims                        
                 12 and 32 noted above.  Accordingly, we will not sustain the examiner’s rejection                       
                 of claims 21, 22 and 36 through 39 under 35 U.S.C. § 103.                                               


                 Rejection of claims 40 through 42.                                                                      
                        Appellants argue, on pages 13 and 14 of the brief, that Fox does not teach                       
                 or suggest the claim 40 limitation of “ a label containing information pertaining to                    
                 at least one attribute of at least a portion of the computer equipment, wherein                         
                 said at least one attribute changes from time to time and wherein said label is                         
                 adaptable to contain information reflecting said changes.”    Appellants reason                         
                 that Fox is concerned with a keyboard support which has no changing attributes                          
                 as such one would not expect the information to change over time and that Fox                           
                 does not teach that the card is modifiable.                                                             






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