Appeal No. 1997-3678
Application No. 08/485,161
We reverse the rejection of appellant’s claims on each of
the specified statutory grounds.
This panel of the board fully considered the entirety of
the disclosure of the Marto and Lepere article, supra.
Consistent with that assessment, which we incorporate herein,
the reasonable conclusion that we can reach is that this
document alone neither teaches (35 U.S.C. § 102) nor suggests
(35 U.S.C. § 103) a reversal of trend less than 2°C on the
initial ascent, a particular feature of appellant’s method of
cooling a surface by nucleate boiling as expressly set forth
in claim 1.
REMAND TO THE EXAMINER
This application is remanded to the examiner to consider
the following matters and take appropriate action.
1. Claim 3 improperly depends from canceled claim 2.
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