Ex Parte Army et al - Page 11

                  Appeal 2006-1849                                                                                            
                  Application 10/387,139                                                                                      
                         For two reasons, we are not convinced by Appellants’ argument that,                                  
                  since Christians does not disclose any condenser icing problem, there is no                                 
                  motivation to combine Hipsky’s two turbine environmental control system                                     
                  that prevents icing with Christians’ integrated environmental control system.                               
                  First, Christians indicates that ice forms in the passages 140 and 142 leading                              
                  to the condenser 92 (col. 7, ll. 65-67, Figure 1).  Ice formation in the                                    
                  passages leading to the condenser suggests ice formation in the condenser.                                  
                  Second, though Christians does use some of the heated bleed air to remove                                   
                  the ice from the passages, using the two turbine system of Hipsky would                                     
                  allow the air to be made colder using the second turbine while also                                         
                  preventing ice formation in the condenser and in the passages leading                                       
                  thereto.  This benefit from using the two turbine system provides added                                     
                  motivation for combining Hipsky’s second turbine with an air cycle machine                                  
                  in Christians’ integrated environmental control system.  Using Hipsky’s two                                 
                  turbine environmental control system imparts greater temperature control of                                 
                  the air leaving each of the turbines, such that the air leaving the first turbine                           
                  will be at a higher temperature thereby preventing ice formation (Hipsky,                                   
                  col. 4, ll. 45-47).                                                                                         
                         We are not persuaded by Appellants’ argument that Hipsky’s                                           
                  disclosure that icing is advantageous is some applications teaches away from                                
                  the combination.  In fact, the ability to control whether or not icing occurs is                            
                  a desirable feature that is achievable using the two turbine system of Hipsky                               
                  where the expansion ratios of the turbines are controlled (Hipsky, col. 5, ll.                              
                  10-25).  Instead of teaching away from the combination of Hipsky’s second                                   
                  turbine with an air cycle machine in Christians’ integrated environmental                                   



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