Ex Parte LOW et al - Page 6




              Appeal No. 2003-2056                                                                  Page 6                
              Application No. 09/377,442                                                                                  


              obviousness with regard to the subject matter of claim 1, and the rejection cannot be                       
              sustained.                                                                                                  
                     In addition, we do not agree with the examiner that the heat pipes on the                            
              Esposto radiator panels comprise a “matrix,” the common applicable definition of which                      
              is a rectangular arrangement of elements in rows and columns.2  The Esposto heat                            
              pipes are arranged in a serpentine fashion, and while the corners are squared the pipes                     
              do not cross, and we agree with the appellants that they thus are not arranged in rows                      
              and columns, which would require that they cross.  This shortcoming also causes the                         
              rejection of claim 1 to be fatally defective.                                                               
                     In view of the foregoing, the rejection of independent claim 1 and dependent                         
              claims 2-12 and 14 is not sustained.                                                                        
                     The appellants provided additional arguments directed to claims 4 and 9, which                       
              depend from claim 1.  With regard to claim 4, the crossing heat pipes in Esposto do not                     
              “extend around the outside of each of the respective radiator panels,” as is required by                    
              this claim nor, it follows, could they thus be “thermally coupled” to the header heat                       
              pipes.  Dependent claim 9 requires the presence of “a bonded joint interface . . . formed                   
              at intersections between the lateral and header heat pipes,” a feature that is not present                  
              in either reference.                                                                                        



                     2See, for example, Merriam Webster’s Collegiate Dictionary, Tenth Edition, 1996, page 717.           







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