Ex Parte Nakamura et al - Page 2




              Appeal No. 2003-2113                                                                  Page 2                
              Application No. 09/712,582                                                                                  


                                                    BACKGROUND                                                            
                     The appellants' invention relates to a plate type heat pipe.  A copy of the claims                   
              under appeal is set forth in the opinion section below.                                                     


                     The prior art references of record relied upon by the examiner in rejecting the                      
              appealed claims are:                                                                                        
              Tanzer                              5,029,389                           July   9, 1991                      
              Sun et al. (Sun)                    5,465,782                           Nov. 14, 1995                       
              Groll                        DE 2 110 8651                      Jan. 13, 1972                               
              Obukhov                      SU 8088262                                 Feb. 28, 1981                       


                     Claims 3, 6 and 9 stand rejected under 35 U.S.C. § 112, first paragraph, as                          
              containing subject matter which was not described in the specification in such a way as                     
              to reasonably convey to one skilled in the relevant art that the appellants, at the time                    
              the application was filed, had possession of the claimed invention.                                         


                     Claims 3 and 9 stand rejected under 35 U.S.C. § 103 as being unpatentable over                       
              Sun in view of Tanzer and Groll.                                                                            


                     1 In determining the teachings of Groll, we will rely on the translation provided by the USPTO.  A   
              copy of the translation is attached for the appellants' convenience.                                        
                     2 In determining the teachings of Obukhov, we will rely on the translation provided by the USPTO.    
              A copy of the translation is attached for the appellants' convenience.                                      






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