Ex parte KEINTZEL et al. - Page 3




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


          device during full load of the [said] steam generator" (claim               
          1, lines 12 and 13; claim 11, lines 25 to 27).  However, he                 
          asserted that this length appears "to be inherent in all [heat              
          storage] devices" (such as Diggs' vault 22).                                


               With the amendment filed April 22, 1996 (Paper No. 6),                 
          appellants submitted a copy of page 5 of a German                           
          publication , and now, on pages 8 and 9 of their brief,3                                                                
          include a translation of that page.  Appellants assert , and4                     
          the examiner does not dispute, that (brief, pages 9 to 10;                  
          original emphasis):                                                         
               This publication makes clear that the thermocline                      
               zone (= heat transfer zone), in fact, extends only                     
               over a portion of the length of the heat storage                       
               device.  It is also pointed out that in an efficient                   
               storage facility the thermocline zone is narrow with                   
               respect to the heat storage device.  Thus, the                         
               thermocline zone is not inherently identical to the                    
               length of the storage facility; it is, in fact,                        
               generally a very narrow band within the heat storage                   
               device.  The length of the thermocline zone does not                   
               change when the length of the heat storage device is                   
               changed since the length of the thermocline zone                       

               Speicherung solarer Hochtemperaturwärme [Storing High Temperature Heat3                                                                     
          Energy] (Paul Scherrer Institut, Dec. 1993).                                
               The examiner has not rejected the claims under 35 USC § 112, first4                                                                     
          paragraph, or otherwise contended that the claimed subject matter is not    
          enabled by appellants' disclosure.                                          
                                          3                                           





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