Appeal No. 2003-1723
Application 09/849,705
oil contained in a crankcase of the compressor at a predetermined
temperature, they each solve that problem in an entirely
different way. Saunders, on the other hand, is concerned with the
larger problem of protecting a temperature conditioning system as
a whole and detecting and indicating the failure of one or more
of the main devices of the system (Figs. 1-3) and then locking
out operation of such one or more failed devices, as well as de-
energizing other devices which are dependent on the continued
operation of the failed one or more devices. Saunders makes no
mention of protecting a compressor operating in a refrigeration
device/heat pump from damage due to failure of a heater for
maintaining lubricating oil contained in a crankcase of the
compressor at a predetermined temperature and, in our view,
provides no teaching or suggestion of modifying such a
compressor/oil heater system.
In that regard, we additionally note that the mere fact that
the prior art could be modified in the manner urged by the
examiner would not have made such a modification obvious unless
the prior art suggested the desirability of the modification.
See, for example, In re Gordon, 773 F.2d 900, 902, 221 USPQ 1125,
1127 (Fed. Cir. 1984). In this case, it is our opinion that the
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