Ex Parte Luffel et al - Page 14



               Appeal No. 2006-1853                                                                       Page 14                  
               Application No. 10/051,573                                                                                          


               as shown in Figure 1, is located so that it does not extend downwardly beyond a                                     
               bottom surface of the first device (58, B), i.e., the bottom surface of bottle (B).                                 
                       We also sustain the examiner’s rejection of dependent claim 18, which                                       
               depends from claim 16 and further requires that the first mounting pathway is                                       
               located in the chassis so that the support spar does not extend upwardly beyond a                                   
               top surface of the first device.  We find that the support spar (54) in Whiten, as                                  
               shown in Figure 1, is located so that it does not extend upwardly beyond a top                                      
               surface of the first device (58, B), i.e., the top wall (62) of track (58).                                         
                       Finally, we sustain the examiner’s rejection of dependent claim 21, which                                   
               depends from claim 16 and further requires that the first device has a width that is                                
               less than the distance between the sides of the equipment cabinet and where the                                     
               system further includes a second device having a second chassis sized to receive at                                 
               least one component of the second device, a portion of the chassis defining at least                                
               a second mounting pathway and the second device being mounted adjacent the first                                    
               device and engaging the support spar.  The appellants argue that Whiten does not                                    
               disclose a device having a chassis and thus cannot be said to disclose the                                          
               arrangement of claim 21 wherein the first and second devices are mounted adjacent                                   
               to one another within the device opening.  (Appellants’ Brief, p. 15).  For the                                     
               reasons provided above for claim 16, we disagree with the appellants’ position that                                 
               Whiten does not disclose a device having a chassis.  We further find that Whiten                                    
               discloses, as shown in Figure 1, a second device (58, B) having a second chassis                                    
               (58) and situated adjacent the first device (58, B) within the device opening, where                                
               the adjacent devices each have mounting pathways.                                                                   






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