Ex parte ELLIOTT - Page 1




                    The opinion in support of the decision being                      
                    entered today was not written for publication                     
                    and is not binding precedent of the Board.                        
                                                               Paper No. 21           
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                      
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    ____________                                      
                              Ex parte FRANK S. ELLIOTT                               
                                    ____________                                      
                                Appeal No. 2001-1355                                  
                             Application No. 09/110,348                               
                                    ____________                                      
                                      ON BRIEF                                        
                                    ____________                                      

          Before McQUADE, NASE and BAHR, Administrative Patent Judges.                
          McQUADE, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   
               Frank S. Elliott appeals from the final rejection (Paper               
          No. 15) of claims 1 through 5, 7 through 9 and 11, all of the               
          claims pending in the application.                                          
                                   THE INVENTION                                      
               The invention relates to a “portable apparatus for                     
          cooling and heating air in a room or the like and, more                     
          particularly, to the cooling of air by using ice and ice water              








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