Ex parte ECKELS et al. - Page 7




                  Appeal No. 1999-1803                                                                                                                    
                  Application No. 08/968,845                                                                                                              


                  complete seal was never intended by Wisner.  It seems more likely that the shield in                                                    
                  Wisner is merely used to prevent leaking refrigerant from directly spraying someone                                                     
                  located near the compressor.                                                                                                            
                  Since we agree with appellants on the narrow question of fact argued before us, we                                                      
                  will not sustain the examiner’s rejection of any of the appealed claims.  Accordingly, the                                              
                  decision of the examiner rejecting claims 1-18 is reversed.                                                                             


                                                                    REVERSED                                                                              




                                             JERRY SMITH                                           )                                                      
                                            Administrative Patent Judge                           )                                                      
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                                                                                                   )   BOARD OF PATENT                                    
                                    JOSEPH F. RUGGIERO                                             )     APPEALS AND                                      
                                            Administrative Patent Judge                           )    INTERFERENCES                                     
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                                    STUART S. LEVY                                        )                                                               
                                            Administrative Patent Judge                           )                                                      







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