Ex parte KEINTZEL et al. - Page 2





                 Appeal No. 97-2594                                                                                                                     
                 Application 08/444,389                                                                                                                 


                 37 CFR 1.142(b).                                                                                                                       


                          The claims on appeal are drawn to a method and apparatus                                                                      
                 for generating steam using solar radiation.  A copy of claims                                                                          
                 1, 11 and 15 is contained in the appendix to appellants'                                                                               
                 brief.2                                                                                                                                
                          The reference relied upon in rejecting the claims is:                                                                         
                          Diggs                      3,993,041                                    Nov. 23, 1976                                         
                          Claims 1, 11 and 15 stand finally rejected as                                                                                 
                 unpatentable over Diggs, under 35 USC § 103.                                                                                           
                          In the final rejection (Paper No. 7) the examiner took                                                                        
                 the position that (as to claims 1 and 11) Diggs disclosed all                                                                          
                 the claimed subject matter except for the limitation that the                                                                          
                 length of the short-term heat storage device in the flow                                                                               
                 direction of the heated air is "substantially identical to the                                                                         
                 length of the thermocline zone of said short-term heat storage                                                                         


                          2We note that claim 1, line 11 recites "determining a length" of                                                              
                 the storage device, but not that the storage device is the recited length.                                                             
                 Also "a length" in claim 1, line 11 and claim 11, line 25 evidently should be                                                          
                 -- the length --.  To be consistent with the paragraph bridging pages 10 and                                                           
                 11 of the specification, we have interpreted "determining a length" in claim                                                           
                 1, line 11, as -- the length --; "to be" in claim 1, line 12, as -- being --;                                                          
                 and "a length" in claim 11, line 25, as -- the length --.  The claims should                                                           
                 be appropriately amended in any subsequent prosecution.                                                                                
                                                                           2                                                                            






Page:  Previous  1  2  3  4  5  6  7  Next 

Last modified: November 3, 2007