Ex Parte Low et al - Page 2




              Appeal No. 2004-1456                                                                  Page 2                
              Application No. 09/624,151                                                                                  


                                                    BACKGROUND                                                            
                     The appellants’ invention relates to a spacecraft radiator system using a heat                       
              pump.  Further understanding of the invention may be obtained from a reading of                             
              representative claim 24, which is reproduced in the opinion section of this decision.                       
                     The examiner relied upon the following prior art references in rejecting the                         
              appealed claims:                                                                                            
              Camaret                             4,756,493                   Jul. 12, 1988                               
              Scaringe et al. (Scaringe)          5,142,884                   Sep.  1, 1992                               
              Homer et al. (Homer)                5,310,141                   May 10, 1994                                
                     The following rejections are before us for review.                                                   
                     Claims 24-37 stand rejected under 35 U.S.C. § 112, first paragraph, as                               
              containing subject matter which was not described in the specification in such a way as                     
              to reasonably convey to one skilled in the relevant art that appellants, at the time the                    
              application was filed, had possession of the claimed invention.                                             
                     Claims 24-37 stand rejected under 35 U.S.C. § 112, second paragraph, as being                        
              indefinite for failing to particularly point out and distinctly claim the invention.                        
                     Claims 24, 25, 28, 30, 31, 36 and 37 stand rejected under 35 U.S.C. § 102(b) as                      
              being anticipated by Scaringe.                                                                              
                     Claims 27, 32 and 33 stand rejected under 35 U.S.C. § 103 as being                                   
              unpatentable over Scaringe in view of Homer.                                                                









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