Appeal No. 2001-0226
Application 09/009,122
the inner and outer walls and the air space, the interior of
Gagliano’s conduit 24 and/or the area defined, from the
perspective of Figure 3, on the left by the conduit 24 and on the
right by top wall 11 and tray wall 48 meet the claim limitations
relating to the interior chamber, Gagliano’s light bulb 43,
transformer 39 and motor 28 meet the claim limitations relating
to the source of heat for heating the air space, and Gagliano’s
electrocution grid 20-23 meets the claim limitations relating to
the location of the electrocution grid within the interior
chamber.
To the extent that Gagliano’s top wall 11 and conduit 24
constitute contiguous outer and inner walls forming an air space
therebetween, the reference does not provide any factual support
for the examiner’s determination that the light bulb 43,
transformer 39 and motor 28 constitute a source of heat for
heating the air space. To the contrary, and as pointed out by
the appellant (see page 6 in the brief), it is likely that the
airstream generated by Gagliano’s fan effectively insulates the
air space from any heat generated by these components. Moreover,
Gagliano’s electrocution grid 20-23 is not located within the
interior chamber enclosed by Gagliano’s topwall 11 and conduit
24. The actual location of Gagliano’s electrocution grid 20-23
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