Ex Parte DIMARCO - Page 18



                Appeal 2006-2970                                                                             
                Application 09/224,340                                                                       
                flow and the openings of 11.75 mm by 18.7 mm is not a hole less than about                   
                2.3 mm (0.09 inches) (Br. 17).                                                               
                      The Examiner responds that it would have been an obvious matter of                     
                design choice to make the holes as small a diameter as possible to reduce the                
                amount of space (Answer 7).                                                                  
                      McCarthy discloses that a Faraday shield minimizes the leakage of                      
                electromagnetic interference (EMI) and radio frequency interference (RFI),                   
                and that the size of the holes should be selected to balance the requirements                
                of a Faraday shield and air flow for cooling (abstract).  These are the same                 
                reasons Appellant has selected the particular hole diameter; see                             
                Specification 8, ll. 16-19, and claims 16 and 17.  The size of the holes                     
                depends on the frequencies involved; the higher the frequency, the shorter                   
                the wavelength, and the smaller should be the diameter of the holes to                       
                provide shielding (not to reduce space as stated by the Examiner).  We find                  
                that one of ordinary skill in the art of designing EMI/RFI cabinets for the                  
                purpose of Appellant's invention would have been motivated to select 0.09                    
                inches in diameter based on routine design considerations of the frequencies                 
                intended to be shielded by the cabinet.  The rejection of claim 18 is affirmed.              

                      Claims 12 and 21 -- Mazura, Martin, and McKenzie                                       
                            Group XV and Group XVI - claims 12 and 21                                        
                      The Examiner finds that the references applied to claims 2 and 6 do                    
                not teach a flexible handle mounted on the faceplate, but that a flexible                    
                handle is shown in McKenzie, and concludes that it would have been                           

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