Appeal 2006-2970
Application 09/224,340
As a further matter, we find that neither Mazura nor Martin teaches
how the connectors are connected to the circuit board and, so, do not teach
the limitations of claims 9-11. The rejection of claims 9-11 is reversed for
this additional reason.
Claims 14-18 -- Mazura and McCarthy
Groups XII and XIII - claims 14 and 15
The Examiner finds that Mazura does not disclose that the top and
bottom panels are interchangeable and that the side panels are
interchangeable (Rejection 6). The Examiner considers that this is a mere
relocation of parts which is within the level of skill in the art (Rejection 6).
The Examiner does not refer to McCarthy.
Appellant argues that Mazura and McCarthy do not teach or suggest
that the top and bottom panels are interchangeable as recited in claim 14, or
that the side panels are interchangeable as recited in claim 15 (Br. 16-17).
It is argued that making the panels interchangeable is not a mere relocation
of parts (Br. 17).
The Examiner finds that relocating a part of a cabinet without
modifying operation of the cabinet is within the skill in the art (Answer 10).
It is apparent that the Examiner relies on the knowledge and skill of
one of ordinary skill in the art rather than any teaching in Mazura or
McCarthy. While we prefer to have a reference, and while we agree with
Appellant that the issue is not relocation of parts, we find that one of
ordinary skill in the art had sufficient mechanical knowledge and skill in the
manufacturing art to be motivated to make the top and bottom
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