Appeal No. 2004-1456 Page 9
Application No. 09/624,151
comprises means for elevating the temperature of the fluid medium above the
temperature of fluid medium in the evaporator, one familiar with compressors would
understand what types of structures are conventionally used to compress the fluid
medium to thereby elevate its temperature. Finally, the issue of whether the “at least
one deployable radiating surface” in claim 34 and the “one or more deployable radiating
surfaces” in claim 35 refer to or are in addition to the at least one radiating surface
previously recited in claim 24 is one of breadth, not indefiniteness. Just because a
claim is broad does not mean that it is indefinite. See In re Johnson, 558 F.2d 1008,
1016 n.17, 194 USPQ 187, 194 n.17 (CCPA 1977); In re Miller, 441 F.2d 689, 693, 169
USPQ 597, 600 (CCPA 1971); In re Gardner, 427 F.2d 786, 788, 166 USPQ 138, 140
(CCPA 1970) and Ex parte Scherberich, 201 USPQ 397, 398 (Bd. App. 1977).
The prior art rejections
We shall not sustain any of the prior art rejections. Each of the examiner’s prior
art rejections is grounded in part on the examiner’s mistaken determination that
Scaringe meets the limitations in claim 24 that the compressor raises the temperature of
the evaporated fluid medium to a second operating temperature which is greater than
the temperature of the at least one solar loaded surface and that the radiator-condenser
radiates heat from the compressed fluid medium through the at least one solar loaded
surface. In dealing with these limitations, the examiner states on page 8 of the answer
that
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