Ex Parte Garnett et al - Page 5


                   Appeal No. 2006-1998                                                                                           
                   Application No. 10/215,648                                                                                     
                          It is clear that the cooling air provided in Jackson comes from the fan trays 140.                      
                   So, although the examiner may be correct in asserting that a plenum chamber is formed in                       
                   Jackson by the side panels 118, 120, since air will flow between the side panels and the                       
                   processing units, the claims (e.g., claim 11) require the cooling air to “flow from the front                  
                   face of the enclosure…”  The air in Jackson flows “from” the fan trays 140, and not                            
                   “from the front face of the enclosure,” as claimed.                                                            
                          Therefore, we will not sustain the rejection of claims 11, 12, and 26-28 under                          
                   §102 (e).                                                                                                      
                          Claim 30, per se, does not indicate the direction of the cooling air flow but it                        
                   depends from claim 29 which does require a “flow of cooling air in a direction                                 
                   substantially from the face of the module…”                                                                    
                          Accordingly, we will not sustain the rejection of claims 29 and 30 under §102 (e).                      


                                                         CONCLUSION                                                               
                          We have sustained the rejection of claims 1, 2, 4, 5, 7-10, 13-16, 18-25, 31, and                       
                   32 under §102 (e) but we have not sustained the rejection of claims 3, 6, 11, 12, 17, and                      
                   26-30 under §102 (e).                                                                                          
                          Accordingly, the examiner’s decision is affirmed-in-part.                                               











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