Ex Parte LOW et al - Page 2




              Appeal No. 2003-2056                                                                  Page 2                
              Application No. 09/377,442                                                                                  


                                                    BACKGROUND                                                            
                     The appellants’ invention relates to a heat dissipating apparatus for use on a                       
              spacecraft.  An understanding of the invention can be derived from a reading of                             
              exemplary claim 1, which has been reproduced below.                                                         
                     The prior art references of record relied upon by the examiner in rejecting the                      
              appealed claims are:                                                                                        
              Esposto                                    5,743,325                    Apr. 28, 1998                       
              Watts                                      5,806,803                    Sep.15, 1998                        
              Japanese Kokai Patent Application1         SHO 63[1988]-83586           Apr. 14, 1988                       
                     (Miyasaka)                                                                                           
                     Claims 1-12 and 14 stand rejected under 35 U.S.C. § 103 as being unpatentable                        
              over Esposto in view of Miyasaka.                                                                           
                     Claim 13 stands rejected under 35 U.S.C. § 103 as being unpatentable over                            
              Esposto in view of Miyasaka and Watt.                                                                       
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              the appellants regarding the above-noted rejections, we make reference to the Answer                        
              (Paper No. 18) for the examiner's complete reasoning in support of the rejections, and                      
              to the Brief (Paper No. 17) ) for the appellants’ arguments thereagainst.                                   




                     1Our understanding of this foreign language reference was obtained from a PTO translation, a         
              copy of which is enclosed.                                                                                  






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