Appeal No. 2000-0185
Application 08/847,111
housing and spaced from the housing to provide a peripheral
spacing, which peripheral spacing is closed by a seal (103),
seen best in Figure 7. In describing the seal (103) Iwasaki
notes in column 7, lines 20-28, that the seal is
“[a] continuous seal 103, encasing the perimeter of the
heat transfer device and engaging the interior surface of
the sidewall, prohibits flow of the cooling medium
therebetween and further directs that all cooling medium
passing through the shroud must pass through the fluid
transmission means 78 and 95. In accordance with the
immediately preferred embodiment of the invention, seal
103 is formed by a foamed-in-place plastic.”
Recognizing that the foamed plastic seal (103) of Iwasaki
is not a two-section seal having the particular construction
arrangement required in the claims on appeal, the examiner
turns to the teachings of Lusen or Weber, urging that since
Iwasaki and Lusen, or Iwasaki and Weber, “are both from the
same field of endeavor, the purpose disclosed by... [either
Lusen or Weber] would have been recognized in the pertinent
art of Iwasaki et al” (answer, page 4). In each of the
combinations, the examiner then goes on to conclude that it
would have been obvious to one of ordinary skill in the art at
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