Ex Parte MITCHELL - Page 7




          Appeal No. 2002-0064                                                        
          Application No. 09/084,042                                                  


          passages 17 and 19 are bonded and connected to separate headers             
          to provide impermeable barriers to the mixing of the two flows is           
          reasonable.                                                                 
               Turning to appellant’s regenerator, in the paragraph                   
          spanning pages 9-10 of the specification it is explained that,              
          within the context of a regenerative gas cycle machine, fluid is            
          cycled back and forth through the regenerator such that:                    
               As fluid flows back and forth through regenerator 24,                  
               it leaves heat in the regenerator material as it flows                 
               in one direction and picks up heat from the regenerator                
               material as it flows back in the other direction.  The                 
               material of the regenerator must be porous to permit                   
               fluid to flow, and the size and shape of the flow                      
               passages determines both the effectiveness of heat                     
               transfer between regenerator material and fluid and the                
               the [sic] amount of pressure drop experienced by the                   
               flow.                                                                  
               The examiner’s assertion (answer, page 5) that the device of           
          Pauletta can be used in all the same environments and systems as            
          the claimed device and operate in the same fashion as appellant’s           
          claimed device is not well taken.  Nothing in Pauletta either               
          expressly or impliedly discusses the use of the Pauletta heat               
          exchanger as a “regenerator” in the sense described in                      
          appellant’s specification wherein the material of the regenerator           
          itself is porous to permit fluid to flow through the regenerator,           
          and wherein the flow passages of the regenerator are sized and              

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