Ex parte TAYLOR - Page 7




          Appeal No. 98-0102                                                          
          Application 08/030,734                                                      


          where the identical                                                         


          apparatus is used, except that a “largely enveloping” heat                  
          absorber is substituted for an “immersed” type heat absorber?               
          Apparently not, since appellant states on page 25, lines 3 to               
          6 of his brief, that “the enveloping construction alone,                    
          i.e.[,] when not accompanied by compressor size reduction,                  
          effects substantially no reduction in work consumed, or                     
          reduced temperature difference, relative to Sketch No. 1 [the               
          “immersed” heat absorber system]”.  Thus, one of ordinary                   
          skill would not be able to determine whether or not the method              
          claimed by the appellant would cover the operation of a                     
          particular system having a “largely enveloping” heat absorber               
          or heat supplier, because no definite standard is provided for              
          determining whether the temperature difference is “reduced”,                
          as claimed.                                                                 
               The problem is illustrated in comparing claim 1 with the               
          Morrison patent.  Morrison discloses a refrigeration system                 
          with a heat absorber (evaporator 1, 2) which “largely                       
          envelops” space 11, and it is evident that there will be an                 
          operating temperature difference between the heat supplier                  
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