Appeal No. 2002-0063 Page 6
Application No. 09/324,825
flow, and to control at least one of on/off heating and rate of heating, the control means
including a programmable device.
With regard to the above-noted differences, the examiner determined (answer,
pp. 2-4) that (1) it would have been obvious to one of ordinary skill in the art to have
replaced each of the cooling means of the four primary references with a phase change
coolant type as taught by Strehler (at 18-21); and (2) it appears that control system is
taught by Strehler/Kondo and Strehler/Redikultsev.3
The appellant argues that the applied prior art does not suggest the claimed
subject matter. We agree. The examiner has not set forth a prima facie case of
obviousness for the following reasons. First, the coolant type taught by Strehler (at 18-
21) is not disclosed as being a phase change coolant type.4 Second, the examiner has
not provided any rationale as to why it would have been obvious at the time the
3 While the reference to Morey is cited in the statement of the rejection in each of the rejections
before us in this appeal, the examiner never applied Morey in any determination of obviousness in any of
the rejections.
4 Strehler teaches a freezing unit 10 consisting of a freezing chamber 11 disposed within a
housing 12. A pair of air circulating systems are provided which include air inlet passages 13 in the upper
portions of opposite walls of the chamber 11, connected to air outlet passages 14 in the lower portions of
those chamber walls by ducts 15. Each of the ducts 15 contains a blower 16 and a heater unit 17. Each
of the air inlet passages 13 is aligned to direct the air flow past a coolant inlet passage 18 disposed in an
adjacent chamber wall through which the coolant is introduced in a flow path transverse to the air flow.
The coolant inlet passages 18 are connected by transfer lines 19 to the coolant source 20 as shown in
Figure 1. Flow of coolant through the transfer lines 19 is controlled by a solenoid valve 21.
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