Ex parte ELLIOTT - Page 7




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

               As conceded by the examiner (see pages 4 and 5 in the                  
          answer), the Karge apparatus does not meet the limitations in               
          claims 1 and 9 requiring the support wall to be removably                   
          disposed on the rim of the housing means and the top/dome to                
          be disposed on and removable with the support wall for adding               
          liquid cooling medium (water and ice) to the housing means.                 
                                                                                     
               MacCracken discloses a personal thermal device “in which               
          liquid is circulated through a flexible panel for supplying                 
          heat to or carrying heat away from a person’s body” (column 1,              
          lines 17 through 19).  The device includes a circulator 14                  
          which communicates with the flexible panel 10 through a pair                
          of flexible tubes 12.  The circulator comprises a container 22              
          for holding the cooling/heating liquid, a removable threaded                
          cover 26 which allows the container to be filled or recharged               
          with the liquid, a pump 28 mounted on the cover for                         
          circulating the liquid between the container and the flexible               
          panel, and a protective hood 31 carried by the cover.                       
               In proposing to combine Karge and MacCracken to reject                 
          independent claims 1 and 9 (see pages 4 and 5 in the answer),               
          the examiner concludes that it would have been obvious in view              

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