Ex parte LAGACE et al. - Page 9




          Appeal No. 1999-0316                                                        
          Application 08/329,124                                                      


          Morissette’s heat recovery core is stationary at all times, it              
          is not apparent how or why it would have been suggestive of                 
          any particular rotational speed for Hajicek’s rotary exchanger              
          wheel.                                                                      


               Accordingly, we shall not sustain the standing 35 U.S.C.               
          § 103 rejection of claim 12 as being unpatentable over                      
          Hajicek in view of Morissette.                                              


               The defrosting method recited in claim 13 differs from                 
          the one recited in claim 12 in that it requires the step of                 
          stopping rotation of the exchanger wheel such that it is able               
          to be defrosted by the exhaust air.  For the reasons explained              
          above, Morissette would not have suggested stopping Hajicek’s               
          rotary exchanger wheel during a defrosting operation.                       
          Although Noda’s total enthalpy heat exchanger 28 “stops”                    
          during a defrosting mode, the exchanger which is defrosted,                 
          aeration heat exchanger 32, does not “stop.”  Here again, it                
          is not apparent how or why the stoppage of one exchanger to                 
          defrost a different functioning exchanger would have been                   


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