Ex parte HEINRICHS et al. - Page 6




          Appeal No. 97-2608                                                          
          Application No. 08/568,146                                                  


               Like the appellants, Heinrichs wishes to utilize                       
          refrigerant from the closed system to cool the motor, when                  
          necessary.  However, as the appellants have strongly argued,                
          Heinrichs utilizes liquid refrigerant to do so, rather than                 
          the “expanded flow” required by claim 1.  Heinrichs makes this              
          very clear in the specification.  In column 1, the following                
          statement appears in the summary of the invention:                          
               Basically, liquid injection is used to cool the                        
               motor of a motor compressor responsive to the motor                    
               temperature (column 1, lines 39 and 40, emphasis                       
               added).                                                                
          In going on to describe the preferred embodiments of the                    
          invention, Heinrichs refers only to the flow of “liquid                     
          refrigerant” into the motor for cooling (column 2, lines 24                 
          and 32).  The use of refrigerant in the expanded state is                   
          disclosed, however, it is with regard to injecting refrigerant              
          into the compressor to control its exit gas temperature                     
          (column 2, lines 34-39).  Furthermore, both of Heinrichs’                   
          claims recite that the refrigerant which cools the motor is in              
          the liquid state (column 2, line 56 and column 4, line 4).                  
          Finally, while Heinrichs describes the valve that controls the              
          flow of refrigerant into the compressor as an expansion valve               

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