Ex Parte ARZ et al - Page 2




          Appeal No. 2003-1250                                                        
          Application No. 09/388,582                                                  


               Claim 1 is the only independent claim on appeal, and it                
          reads as follows:                                                           
               1.   A directly cooled magnetic coil comprising:                       
               a conductor forming a coil winding comprising at least two             
                    profiled electrical conductor segments which when                 
                    fitted together, form an opening, and                             
               a cooling tube disposed permanently in said opening and                
                    surrounded by said profiled segment conductors, said              
                    coiling tube being comprised of a substantially                   
                    electrically non-conductive, flexible material.                   
               The references relied on by the examiner are:                          
          Haldeman, III (Haldeman)      3,946,349           Mar. 23, 1976             
          Couffet et al. (Couffet)      5,430,274      Jul.  4, 1995                  
               Claims 1, 2, 11 and 13 stand rejected under 35 U.S.C.                  
          § 102(b) as being anticipated by Haldeman.                                  
               Claims 1, 2 and 11 stand rejected under 35 U.S.C. § 103(a)             
          as being unpatentable over Couffet in view of Haldeman.                     
               Reference is made to the supplemental brief (paper number              
          19) and the answer (paper number 20) for the respective positions           
          of the appellants and the examiner.                                         
                                       OPINION                                        
               We have carefully considered the entire record before us,              
          and we will sustain the anticipation rejection of claims 1, 2 and           
          11, and reverse the anticipation rejection of claim 13 and the              
          obviousness rejection of claims 1, 2 and 11.                                

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