Ex parte TOKAI et al. - Page 2




                 Appeal No. 96-1367                                                                                                                     
                 Application No. 07/804,501                                                                                                             


                          10.  An improved gas cycle refrigerator comprising:                                                                           
                                   a refrigerant;                                                                                                       
                                   a heat regenerative material for performing heat-                                                                    
                 exchange between said refrigerant and itself, wherein said                                                                             
                 heat regenerative material has a composition consisting                                                                                
                 essentially of:                                                                                                                        
                                   AMz                                                                                                                  
                                   where A is at least one rare earth element selected                                                                  
                 from the group consisting of Y, La, Ce, Pr, Nd, Pm, Sm, Eu,                                                                            
                 Gd, Tb, Dy, Ho, Er, Tm and Yb; M is at least one metal                                                                                 
                 selected from the group consisting of Ni and Co; and z is                                                                              
                 0.001 to 9.0; and                                                                                                                      
                                   an expansion means for expanding said refrigerant.                                                                   
                          The examiner relies upon the following references as                                                                          
                 evidence of obviousness:                                                                                                               
                 Sahashi et al. (European '743)                                   0,193,743                   Sep. 10, 1986                             
                 (European patent application)                                                                                                          
                 British Patent (British '958)                                    1,458,958                   Dec. 22, 1976                             
                          Appealed claims 10, 28 and 29 stand rejected under                                                                            
                 35 U.S.C. § 112, first paragraph.   In addition, the appealed2                                                                           
                 claims stand rejected under 35 U.S.C. § 103 as being                                                                                   
                 unpatentable over European '743 in view of British '958.                                                                               




                          2The examiner's rejection of claims 10-18 under                                                                               
                 35 U.S.C. § 112, second paragraph, has been withdrawn (see                                                                             
                 Supplemental Examiner's Answer).                                                                                                       
                                                                         -2-                                                                            




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