Appeal No. 96-1367
Application No. 07/804,501
British '958 that refers to magnetic refrigeration, and we
have searched the reference in vain for any such disclosure.
Also, in denying patentable weight to the claim language
"gas-cycle refrigerator," the examiner's reliance on Kropa v.
Robie, 187 F.2d 150, 88 USPQ 478 (CCPA 1951), is misplaced
(see page 7 of Answer). First, the portion of the claim
following the preamble is not a self-contained description of
structure inasmuch as it recites two materials and an
expansion means. Secondly, as discussed in Kropa v. Robie,
the preamble of a claim is given weight when it is considered
necessary to give life, meaning and vitality to the claims.
In our view, such is the case here wherein the claims
reasonably define a gas-cycle refrigerator comprising the
recited components.
In conclusion, based on the foregoing, the examiner's
decision rejecting the appealed claims is reversed.
REVERSED
EDWARD C. KIMLIN )
Administrative Patent Judge )
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