Appeal No. 97-1080
Application 08/201,733
concluded that it would have been obvious to utilize check valves
as taught by Mandroian in Dowdy’s conduit loop for the purpose of
directing the fluid flow in a desired direction. The problem is,
however, that Dowdy does not utilize the reservoir/heater
arrangement 50, 54 as a pump for moving the fluid around the
conduit loop 18, 24 in a desired direction. Instead, Dowdy
utilizes the reservoir/heater arrangement 50, 54 as a means to
maintain the conduit loop at a generally constant pressure,
thereby preventing any adverse affects such as a rupture of the
conduit loop due to an undesired increase in pressure (see,
generally, column 3). While, of course, in the broadest sense
the reservoir/heater arrangement 50, 54 of Dowdy might be
considered a pump, Dowdy simply utilizes the reservoir/heater
arrangement 50, 54 to either add or remove fluid from the conduit
loop, as distinguished from moving fluid around the conduit loop
in a desired direction. Absent the appellant’s own disclosure we
are at a loss to understand why one of ordinary skill in this art
would have been motivated to single out the check valves of
Mandroian (which are used in arrangement wherein a heat-activated
pumping system is utilized to move fluid along a conduit in a
desired direction) and incorporate them into the disparate
teachings of Dowdy. In our view, the examiner has impermissibly
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Last modified: November 3, 2007