Appeal No. 1996-3167 Page 14
Application No. 07/974,834
deficiencies in the factual basis for the rejection. See In
re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA 1967),
cert. denied, 389 U.S. 1057 (1968).
With this as background, we have reviewed all the
rejections under 35 U.S.C. § 103 made by the examiner of the
claims on appeal (answer, pp. 14-28) and the appellants'
argument against these rejections (brief, pp. 22-43, and reply
brief, pp. 6-11). All of the § 103 rejections are based on
the examiner's determination that one difference between
Patterson (the primary reference in all the rejections) and
the claims under appeal is the limitation that all the coolant
supplied to the coolant ascending path in the water rod is
introduced into the coolant descending path of the water rod.
Patterson provides a plurality of intermediate exit holes 24
in his water rod 18. Accordingly, all of the coolant supplied
to the coolant ascending path (shown by arrow 42 in Figure 4
of Patterson) in Patterson's water rod 18 is not introduced
into the coolant descending path of his water rod 18 due to
the fact that part of the water in the coolant ascending path
exits the coolant ascending path via the plurality of
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