Appeal No. 95-1641
Application No. 07/825,927
maintained. See appellants’ admission at page 5 of the Brief
and the examples disclosed in the specification. Thus, we
conclude that the maintenance of the claimed temperature
difference of 0 to 10 C translates into a cooling rate of 0 too
1.9 C/hour which embraces the cooling rate range described ino
the Yamauchi reference. Note also that Yamauchi’s examples 6,
7 and 8 obtain no temperature changes (temperature difference
of zero). Accordingly, we find that the Yamauchi reference
describes the claimed temperature difference.
Appellants argue that controlling the rate of cooling is
different from maintaining the claimed temperature difference
between the solution to be cooled and the cooling means. We
disagree. In the first place, as indicated supra, the cooling
rate of the Yamauchi reference, as interpreted by one of
ordinary skill in the art, teaches the claimed temperature
difference. In the second place, as explained by both the
examiner at page 3 and appellants at page 7 of the Brief, the
rate of cooling (the amount of heat transferred) is a function
of the claimed temperature difference, a heat transfer area
and a heat transfer coefficient. In other words, controlling
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