Ex Parte MITCHELL - Page 8




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


          shaped to facilitate heat transfer between regenerator material             
          and fluid and the amount of pressure drop experienced by the gas            
          as it flows through the regenerator.  In this regard, given that            
          Pauletta’s heat exchanger reasonably appears to be constructed              
          with a manifold that keeps the flow of incoming gases separated             
          from the counterflow of outgoing gases, it is questionable                  
          whether Pauletta’s device is capable of functioning in any                  
          meaningful sense to allow a cycling fluid to liberate heat to the           
          material of the flow passages as it flows through the regenerator           
          in one direction and then to pick up heat from the material of              
          the flow passages as the fluid flows back through the regenerator           
          in the opposite direction as described in the paragraph spanning            
          pages 9-10 of appellant’s specification.  Accordingly, we do not            
          believe one of ordinary skill in the art would consider the heat            
          exchanger of Pauletta to be a “regenerator” as called for in                
          appealed claim 1 when that term is interpreted in light of                  
          appellant’s specification.  While we appreciate that the heat               
          exchange device of Pauletta appears to have all the structure               
          recited in the body of claim 1, the examiner’s position (answer,            
          page 5) that the device of Pauletta can be used in all the same             




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