Ex parte MORSE - Page 2




          Appeal No. 99-0196                                                           
          Application 08/270,742                                                       


          chiller system.  Claim 1 is representative and reads as                      
          follows:                                                                     


               1.  A method of retrofitting a chiller system of the type               
          having a condenser, cooler, compressor interconnected and                    
          operating on a vapor compression cycle and in which cooling                  
          water is supplied to the condenser and returned to a cooling                 
          tower, said method comprising:                                               
               (a) disconnecting the cooling water supply to the                       
          condenser from said cooling tower; and                                       
               (b) re-connecting said condenser to a cooling water                     
          supply from an existing in-place water supply dedicated for                  
          another use whereby cooling water is supplied to the condenser               
          and returned to the water supply.                                            
                                                                                      
               The item relied upon by the examiner as evidence of                     
          obviousness is:                                                              
          Lawrence et al. (Lawrence)       4,538,418      Sep. 3, 1985                 
               The item relied upon by the appellants as evidence of                   
          non-obviousness is:                                                          
               The 37 CFR § 1.132 Declaration of David L. Yoder                        
               filed on May 3, 1996 (Paper No. 9).                                     
               Claims 1 through 5, 10 and 11 stand rejected under 35                   
          U.S.C. § 103(a) as being unpatentable over Lawrence.                         
               Reference is made to the appellants’ brief (Paper No. 15)               
          and to the examiner’s answer (Paper No. 16) for the respective               

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