Ex Parte KETTNER et al - Page 2




                    Appeal No. 2001-1350                                                                                                                                  
                    Application No. 09/188,766                                                                                                                            


                    is compared to a suction pressure to be set, and wherein the                                                                                          
                    delivery rate of a refrigerant in the refrigerant circuit is set                                                                                      
                    as a function of that comparison, and to a device for carrying                                                                                        
                    out the method.  More particularly, the speed of a drive element                                                                                      
                    of the compressor, operated independently of the automobile                                                                                           
                    engine, is determined as a function of the suction pressure to be                                                                                     
                    set on the compressor.  Independent claims 1 and 3 are                                                                                                
                    representative of the subject matter on appeal and a copy of                                                                                          
                    those claims can be found in the Appendix to appellants' brief.                                                                                       


                    The sole prior art reference of record relied upon by the                                                                                             
                    examiner in rejecting the appealed claims is:                                                                                                         
                    Isaji et al. (Isaji)                                       5,537,831                               Jul. 23, 1996                                      


                    In addition, the examiner has relied upon the admitted prior                                                                                          
                    art (APA) set forth on page 1 of appellants' specification.                                                                                           


                    Claims 1 through 3 and 5 through 9 stand rejected under                                                                                               
                    35 U.S.C. § 103(a) as being unpatentable over the APA in view of                                                                                      
                    Isaji.                                                                                                                                                




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