Ex Parte LIFSON et al - Page 2



          Appeal No. 2002-0009                                                        
          Application 09/032,554                                                      

          As noted on page 1 of the specification, appellants'                        
          invention relates to an improved scroll compressor wherein the              
          pressure of fluid vented to a back pressure chamber is controlled           
          and optimized. More specifically, in contrast to the prior art              
          (e.g., Figs. 1A, 1B of the application), in appellants’ improved            
          compressor the vent hole is effectively closed for a majority of            
          the operational cycle of the compressor and open for only limited           
          periods of time (see 77 and 78 of Fig. 5), thereby allowing a               
          designer to ensure that the vent hole is exposed to an optimum              
          selection of intermediate and discharge pressures, which is                 
          communicated to, and maintained in, the back pressure chamber. A            
          copy of representative claims 21, 23 and 25 on appeal can be                
          found in the Appendix to appellants' brief.                                 

          The sole rejection before us for review is that of claims 21                
          through 25 under 35 U.S.C. § 112, first paragraph, as being based           
          on a specification which fails to provide an adequate written               
          description of the invention as now claimed.1 In particular, the            



               1  As noted on page 2 of the examiner’s answer, all other              
          rejections made by the examiner in the final rejection (Paper No.           
          10, mailed March 24, 2000) have been withdrawn.                             
                                          2                                           




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