Ex Parte TASSONE et al - Page 3




          Appeal No. 2003-0618                                                        
          Application No. 09/351,218                                                  


                               THE REJECTIONS                                         
               Claims 15, 25 through 28, 30 and 31 stand rejected under 35            
          U.S.C. § 102(b) as being anticipated by U.S. Patent No. 5,622,044           
          to Bronicki et al. (Bronicki).                                              
               Claims 16 and 29 stand rejected under 35 U.S.C. § 103(a) as            
          being unpatentable over Bronicki.                                           
               Attention is directed to the main and reply briefs (Paper              
          Nos. 24 and 26) and the answer (Paper No. 25) for the respective            
          positions of the appellants and the examiner regarding the merits           
          of these rejections.                                                        
                                     DISCUSSION                                       
          I. The 35 U.S.C. § 102(b) rejection of claims 15, 25 through 28,            
          30 and 31 as being anticipated by Bronicki                                  
               Bronicki discloses “a method of and apparatus for augmenting           
          power produced from gas turbines” (column 1, lines 13 and 14).              
          To support the appealed rejections, the examiner relies on the              
          embodiment illustrated in Figure 8 which depicts an apparatus 221           
          for use with a power plant 220 composed of a main compressor, a             
          combustor and a gas turbine.  As described by Bronicki:                     
               Apparatus 221, according to the invention,                             
               includes direct contact heat exchanger 222 for                         
               contacting and cooling close to substantially saturated                
               air with cooler water for producing cooler air and                     
               warmed water.  The water may come [from] local sources                 
               such as a lake, river, or even the sea.  Sensible and                  
               latent heat is absorbed by the cooler water from the                   

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