Ex Parte ALBRECHT et al - Page 9




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


          With regard to the examiner’s rejection of claims 18 and 19                 
          under 35 U.S.C. § 103(a) as being unpatentable over Franke in               
          view of Kozdon, we note that appellants have merely argued                  
          (brief, page 14) that Franke in view of Kozdon does not show the            
          force-transmitting metal element for producing a flux of force              
          between the hot and cool parts, as claimed. For the reasons                 
          already set forth above, we find this argument unpersuasive.                
          Appellants have not otherwise challenged the examiner’s                     
          conclusion of obviousness. Accordingly, we also sustain the                 
          rejection of claims 18 and 19 under 35 U.S.C. § 103(a).                     


          In summary, we have sustained both the examiner’s rejection                 
          of claims 1, 8, 11, 16, 17 and 20 under 35 U.S.C. § 102(e) based            
          on Franke, and the rejection of claims 18 and 19 under 35 U.S.C.            
          § 103(a) as being unpatentable over Franke in view of Kozdon. The           
          decision of the examiner is accordingly affirmed.                           










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