Appeal No. 2003-1884
Application No. 09/837,943
expected that the problem of fluctuating coolant flow is caused
by noise in the voltage signal at the setpoint control. On the
other hand, appellant makes the following compelling argument at
page 3 of the Reply Brief:
Cooling systems involve hydromechanics,
electronics, and mechanics. The reasons for the
coolant mass flow spike problem might include, but not
limited to, coolant characteristics, imperfection of
control circuit design, imperfection of the coolant
transfer parts, malfunction of the control circuit,
miscommunication between the control circuit and the
coolant transfer parts, static electricity, magnetic
field, RF power, temperature, dust, etc. As described
in the present application, at the time the invention
was made, ordinarily skilled artisans linked the
coolant mass flow spike problem to control circuit
malfunction, the magnetic field surrounding cables 134
and 136, and RF power [paragraph three].
In our view, while appellant's solution to the problem may
have been obvious to one of ordinary skill in the art, the
examiner has not demonstrated that appellant's recognition of the
problem would have been obvious to one of ordinary skill in the
art. It is well settled that invention may reside in the
discovery of a problem even when its solution becomes readily
apparent once the problem is identified.
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