Appeal 2006-2970
Application 09/224,340
interchangeable and the sides interchangeable in order to minimize the
number of different pieces. It is common knowledge in everyday life to
make parts interchangeable, e.g., to make bookcases symmetrical so that the
sides are interchangeable. Skill in the art is presumed. See In re Sovish,
769 F.2d 738, 743, 226 USPQ 771, 774 (Fed. Cir. 1985). It also appears that
there is nothing different between the top and bottom and between the sides
in Mazura that would prevent them from being interchangeable. The
rejection of claims 14 and 15 is affirmed.
Claims 16 and 17
Claims 16 and 17 have been argued to stand or fall together with
claims 1 and 13 (Br. 5) and are not separately argued. Since the rejection of
claims 1 and 13 is sustained, the rejection of claims 16 and 17 is affirmed.
Group XIV - claim 18
The Examiner finds that Mazura does not disclose the particular size
of the holes for ventilation being less than 0.09 inches in diameter, but
concludes that it would have been an obvious matter of design choice to
make the holes as small a diameter as possible to reduce space and that
change in size is generally recognized as being within the level of ordinary
skill in the art (Rejection 7).
Appellant argues that McCarthy fails to teach or suggest that
"ventilation holes are less than about 0.09 inches in diameter," as recited in
claim 18 (Br. 17). It is argued that the holes in McCarthy were chosen to
balance the functional requirements of a Faraday shield and sufficient air
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