Appeal No. 1997-0436
Application 08/277,692
lubricant . . . in a closed refrigerator system which is of the compression type” neither claims a method
of using the lubricant in such a system or a refrigerator system of the type specified which contains said
lubricant. Furthermore, appellants have not presented in their brief any argument or authority with
respect to whether claim 6 complies with § 101 (page 3-4). Accordingly, on this record, we affirm this
ground of rejection.
In summary, we have reversed the ground of rejection of appealed claims 1 through 5 and 10
under 35 U.S.C. § 103 as being unpatentable over Seiki and have affirmed the ground of rejection of
appealed claims 6 through 9 under 35 U.S.C. § 101.
The examiner’s decision is affirmed-in-part.
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
MARY F. DOWNEY )
Administrative Patent Judge )
)
)
)
BRADLEY R. GARRIS ) BOARD OF PATENT
Administrative Patent Judge ) APPEALS AND
) INTERFERENCES
)
)
CHARLES F. WARREN )
Administrative Patent Judge )
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