Ex parte HORN et al. - Page 3




          Appeal No. 95-3674                                                          
          Application 08/122,981                                                      

               Hanson                      4,718,249   January 12, 1988               
               Yokotani et al. (Yokotani)  5,168,339   December 1, 1992               

               Claims 7-13 stand rejected under 35 U.S.C. § 112, second               
          paragraph, as being indefinite for failing to particularly                  
          point out and distinctly claim the subject matter which                     
          appellants regard as their invention.  The examiner states                  
          (Examiner's Answer, pages 2-3):  "claims 7 to 13 which purport              
          to be both process of using and process of making are ambiguous             
          and therefore does [sic] not particularly point out and                     
          distinctly claim subject matter of invention."                              
               Claims 7-9 and 12 stand rejected under 35 U.S.C. § 103 as              
          being unpatentable over Yokotani.  The examiner states                      
          (Examiner's Answer, pages 3-4):                                             
                    Yokotani discloses a porous semiconductor material,               
               p-type and n-type thermoelectric elements formed in the                
               porous semiconductor material.  Figure 1 of Yokotani                   
               clearly show [sic] a multiple thermoelectric elements                  
               couples together to form a multiple stage thermoelectric               
               device.  It is well known that the thermoelectric elements             
               disclosed by Yokotani provide the peltier couple.                      
               Claims 10, 11, and 13 stand rejected under 35 U.S.C. § 103             
          as being unpatentable over Yokotani further in view of Hanson.              
          The examiner states (Examiner's Answer, page 4):  "Hanson                   
          teaches that thermoelectric device can be used in heat pump,                
          generator and air conditioner."                                             


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