Ex parte BROCK - Page 12




                 Appeal No. 97-2642                                                                                      Page 12                        
                 Application No. 08/094,461                                                                                                             


                 the fluid 34 is transferred to a second fluid 56 by means of a                                                                         
                 conventional counter-current heat exchanger 11, 60 either                                                                              
                 within the vessel 12 (Figure 1) or external to the vessel 12                                                                           
                 (Figure 2).  The quantity of heat transferred depends in part                                                                          
                 on the surface area and conductivity of the coiled tube 50, 62                                                                         
                 and on the temperature gradient between the fluid 34 and the                                                                           
                 second fluid 56.  The surface area of the tube is maximized by                                                                         
                 coiling it and it is made of a material suitable for                                                                                   
                 efficiently conducting heat from one side of the tube wall to                                                                          
                 the other.  In both the internal and external embodiments, a                                                                           
                 pump 69 forces the second fluid 56 carrying the heat energy                                                                            
                 from the outlet 54, 68 to a location where it can be utilized                                                                          
                 (e.g., to passenger compartment heater 70).                                                                                            


                          In applying the test for obviousness,  we reach the                3                                                          
                 conclusion that it would have been obvious to one of ordinary                                                                          
                 skill in the art at the time the invention was made to either                                                                          


                          3The test for obviousness is what the combined teachings                                                                      
                 of the references would have suggested to one of ordinary                                                                              
                 skill in the art.  See In re Young, 927 F.2d 588, 591, 18                                                                              
                 USPQ2d 1089, 1091 (Fed. Cir. 1991) and In re Keller, 642 F.2d                                                                          
                 413, 425, 208 USPQ 871, 881 (CCPA 1981).                                                                                               







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