Ex parte CESATI - Page 19




          Appeal No. 96-2520                                                          
          Application 07/891,852                                                      



          page 1, right-hand column, lines 46-49, would interfere with                
          the heat transfer to the diaphragm.  Because the Graham method              
          of attachment would result in the coils being in direct                     
          contact with the diaphragm, the coils would transfer heat to                
          the diaphragm quickly and efficiently as claimed by Appellant.              
                    In view of the foregoing, the decision of the                     
          Examiner rejecting claims 4 and 5 under 35 U.S.C. § 102 and                 
          rejecting claims 7 through 10 under 35 U.S.C. § 103 is                      
          affirmed; however, the decision of the Examiner rejecting                   
          claims 1, 2, 11 and 12 is reversed.                                         
                    No time period for taking any subsequent action in                
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                  AFFIRMED-IN-PART                                    





                         KENNETH W. HAIRSTON          )                               
                         Administrative Patent Judge  )                               
                                                       )                              
                                                       )                              
                                                       )   BOARD OF                   
          PATENT                                                                      

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