Ex Parte ALBRECHT et al - Page 3




          Appeal No. 2002-2336                                                        
          Application 09/081,765                                                      


          Claims 1, 8, 11, 16, 17 and 20 stand rejected under                         
          35 U.S.C. § 102(e) as being anticipated by Franke. According to             
          the examiner, Franke discloses                                              
               a machinery unit (Fig. 1) comprising a hot part 1, a cool              
               part 2, a heat barrier 3 which separates the hot part from             
               the cool part, fastening means 4 for holding the hot and               
               cool parts together, and at least one force-transmitting               
               metal element 10 (col. 3, lines 4-10) for producing a flux             
               of force between the hot and cool parts, wherein the hot               
               part an the cool part each includes a cover having a flange-           
               like plate 7 and 8, respectively, the flange-like plates               
               being disposed adjacent one another and spaced apart from              
               one another, the flange-like plates being joined together by           
               the at least one force-transmitting element through a                  
               minimal cross-sectional surface sufficient for the                     
               transmission of the force, wherein a thermal insulating                
               material 12 fills a space between the adjacent flange-like             
               plates, and at least one of the force transmitting element             
               10 is an annular body and is made in one piece with one of             
               the flange-like plates.  (final rejection, page 3).                    

          Claims 18 and 19 stand rejected under 35 U.S.C. § 103(a) as                 
          being unpatentable over Franke in view of Kozdon.                           


          Rather than reiterate the examiner's full commentary                        
          concerning the above-noted rejections and the conflicting                   
          viewpoints advanced by appellants and the examiner regarding                
          those rejections, we make reference to the final rejection (Paper           
          No. 15, mailed February 27, 2001) and examiner's answer (Paper              
          No. 21, mailed November 30, 2001) for the reasoning in support of           

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