Ex Parte Walker et al - Page 1



            The opinion in support of the decision being entered today was not        
            written for publication and is not binding precedent of the Board.        



                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
                   Ex parte BLAIR D. WALKER and WAYNE ARTHUR NODA                     
                                    _____________                                     
                                Appeal No. 2005-2054                                  
                             Application No. 10/425,137                               
                                   ______________                                     
                                     ON BRIEF                                         
                                   _______________                                    

          Before GARRIS, WALTZ and TIMM, Administrative Patent Judges.                
          GARRIS, Administrative Patent Judge.                                        

                                 DECISION ON APPEAL                                   
               This is a decision on an appeal which involves claims 5-7,             
          13 and 14.                                                                  
               The subject matter on appeal relates to a system for                   
          effecting heat exchange with a patient.  With reference to the              
          appellants’ drawing filed July 9, 20041, the system 10 comprises            

               1We do not find in the application record any indication that the      
          examiner has acknowledged receipt of, much less approved of, this July      
          9, 2004 drawing.  See the Manual of Patent Examining Procedure (MPEP)       
          § 608.02(h)(Revision 2, May 2004).  Nevertheless, in describing the         
          appellants’ claimed invention, we refer to this drawing because,            
          unlike the originally filed drawing, the numerals in figure 2 are           
          consistent with the numerals in the specification.                          




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