Ex Parte Meyer et al - Page 2




          Appeal No. 2003-0764                                                         
          Application No. 09/660,797                                                   


          head facing downwardly and the base facing upwardly to a series of           
          defined immersion procedures of a very short duration in a trough            
          filled with water, while determining and computing heat quantities           
          to be proportionally removed from the different section parts and            
          the quantity of cooling medium required for removing the heat                
          (id.).  A further understanding of the invention may be gleaned              
          from independent claim 1, a copy of which is attached as an                  
          Appendix to this decision.                                                   
               In addition to the admitted prior art found in appellants’              
          specification (pages 2-7),1 the examiner relies upon Ackert et al.           
          (Ackert), U.S. Patent No. 4,486,248, issued Dec. 4, 1984, as                 
          evidence of obviousness.  Accordingly, the claims on appeal stand            
          rejected under 35 U.S.C. § 103(a) as unpatentable over the admitted          
          prior art found in appellants’ specification in view of Ackert               





               1The examiner lists “[t]he admitted prior art of the instant            
          disclosure, pages 2-7 of the specification” under “Prior Art of              
          Record” (Answer, pages 2-3, ¶(9); see also Answer, page 3, line              
          1).  The examiner also states that the admitted prior art is                 
          relied upon “as expressed on pages 3-6 of the specification for              
          example” (Answer, page 3, ¶(10)).  For purposes of this appeal,              
          we consider these statements to be equivalent since pages 2-7 of             
          appellants’ specification contain the section “Description of the            
          Related Art” while the prior art references are actually                     
          discussed on pages 3-7 of appellants’ specification.                         
                                          2                                            





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