Appeal No. 1997-4117
Application No. 08/344,746
27, which are all of the claims pending in the application.2
We REVERSE.
The subject matter on appeal is directed to a flow
control device for use in heat pump systems. The subject
matter before us on appeal is illustrated by reference to
claims 1, 10 and 27 which, along with the other claims on
appeal, have been reproduced in an appendix to the brief
(Paper No. 15).
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Ford et al. 2,715,419 Aug. 16,
1955
(Ford)
Duell et al. 3,992,898 Nov. 23,
1976
(Duell)
Golestan et al. 5,383,489 Jan. 24,
1995
(Golestan)
Claims 1, 6, 8 through 10, 16, 17, 19 20 and 27
2We understand that claims 21-25 are canceled based on appellant's
statement to that effect on page 2 of the brief. However, claims 21-25 have
not been physically canceled in the specification and no amendment canceling
claims 21-25 can be located in the file. A formal amendment canceling claims
(continued...)
2(continued...)
21-25 should be required upon return of the application to the jurisdiction of
the examiner.
2
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