Appeal No. 2002-1445
Application No. 09/280,775
Independent claim 1 sets forth a heat exchanger comprising,
inter alia, a plurality of electrically non-conductive carbon
spacers located between carbon-carbon plates. Independent claim
9 recites a heat exchanger comprising, inter alia, a plurality of
electrically non-conductive spacers located between carbon-carbon
plates. Independent claim 18 is drawn to a heat exchanger
comprising, inter alia, a plurality of electrically non-
conductive carbon spacers located between carbon composite
plates.4
A review of each of claims 1 through 16 of Dewar '363 and
claims 1 through 13 of Dewar '600 reveals to us that the
invention thereof is not the identical and same invention now on
appeal, and the examiner's rejection does not establish by
specific claim language comparison an identity of invention.
Thus, the examiner's same invention type double patenting
rejection cannot be sustained.
4 In understanding the nature of "carbon-carbon" plates, we
referred to "Ceramic-Matrix Composite," Engineered Materials
Handbook, Desk Edition, pp. 1059-1060, 1995 (copy attached).
5
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