Ex parte ELLIOTT - Page 6




          Appeal No. 2001-1355                                                        
          Application No. 09/110,348                                                  

          the appellant had possession at that time of a cooling                      
          apparatus comprising a removable support wall and top/dome as               
          recited in independent claims 1 and 9.                                      
               Accordingly, we shall not sustain the standing 35 U.S.C.               
          § 112, first paragraph, rejection of claims 1 and 9, or of                  
          dependent claims 2 through 5, 7, 8 and 11.                                  
          III. The 35 U.S.C. § 103 of claims 1 through 4 and 7 through 9              
          as being unpatentable over Karge in view of MacCracken                      
               Karge, the examiner’s primary reference, discloses “an                 
          apparatus that melts ice for the purpose of air conditioning                
          or cooling and drying the atmosphere of a room” (page 1,                    
          column 1, lines 1 through 4).  As shown in Figures 1 through                
          3, the apparatus includes an ice chest 1 having a side access               
          door 2, blocks of ice 4-8 within the chest, tanks 10 and 12                 
          for receiving and holding cold water derived from the ice,                  
          pumps 19 and 25 for drawing water from the respective tanks,                
          and a fan and air conditioning unit housing 22 having a                     
          support wall mounting coils 21 and 28 for receiving cold water              
          from the pumps and a fan 43 for moving air into housing 22,                 
          through the coils and out through a grille 44 into the                      
          surrounding room.                                                           

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