Ex Parte Tan - Page 6


                 Appeal No. 2006-2930                                                                                     
                 Application No. 10/299,198                                                                               


                 formed between the standoffs in Sinclair, and such a recess would inherently                             
                 allow cooling air to circulate [answer, pages 4 and 5].                                                  
                         Appellant also argues that Sinclair’s standoffs will raise the housing of                        
                 base 14 and consequently space the housing from the circuit board.  According                            
                 to appellant, such spacing will cause the electrical connector and circuit board to                      
                 be out of alignment, thus requiring extensive modifications [brief, pages 10-12].                        
                 Appellant emphasizes that the recess of the claimed invention, however, is                               
                 defined in the supporting portion.  Therefore, the recess of the claimed invention                       
                 will not change the distance between the base and the circuit board [id.].  The                          
                 examiner responds that providing a recess in APA in the manner suggested by                              
                 Sinclair would not result in alignment problems since Sinclair disposes standoffs                        
                 at each corner thus leveling the connector on the circuit board [answer, pages 5                         
                 and 6].                                                                                                  
                         We will sustain the examiner’s rejection of independent claims 7 and 10.                         
                 At the outset, we note that it is undisputed that the only difference between APA                        
                 and the claimed invention is the existence of a recess in the bottom face of the                         
                 supporting portion.  Accordingly, the sole issue before us is whether it would                           
                 have been obvious to the skilled artisan at the time of the invention to add a                           
                 recess to the supporting portion of APA in light of the teachings of Sinclair.  We                       
                 agree with the examiner that, in view of Sinclair, the skilled artisan would have                        
                 been motivated to provide such a recess in the supporting portion of the APA                             
                 device.                                                                                                  


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