Ex parte SHINAGAWA et al. - Page 9




                 Appeal No. 1997-3993                                                                                     Page 9                        
                 Application No. 08/462,561                                                                                                             


                          The examiner takes the position that the claimed "closed                                                                      
                 water-containing vessel" is readable on Roop's pressure vessel                                                                         
                 or vapor chamber 10 or Barbee's reservoir 10.  Specifically,                                                                           
                 the examiner believes that the type of liquid (i.e., water) in                                                                         
                 the claimed vessel does not limit the claim.   We do not                       3                                                       
                 agree.  In that regard, it is our determination that a "water-                                                                         
                 containing vessel" structurally requires both a vessel and                                                                             
                 water within the vessel.   Since a "water-containing vessel"4                                                                                           
                 as set forth in claim 10 is not suggested or taught by the                                                                             
                 applied prior art, we find ourselves in agreement with the                                                                             
                 appellants that the claimed subject matter is not suggested by                                                                         
                 the applied prior art.                                                                                                                 












                          3See the second paragraph of the supplemental answer.                                                                         
                          4This is to say that "a water-containing vessel" is                                                                           
                 structurally different from "a vessel for containing water."                                                                           







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