Ex Parte Low et al - Page 10




              Appeal No. 2004-1456                                                                Page 10                 
              Application No. 09/624,151                                                                                  


                            [a] spacecraft inherently is a three-dimensional object and                                   
                            thus inherently has a plurality of surfaces, at least one of                                  
                            which is radiating and at least one of which is solar loaded.                                 
                            The radiator-condenser and the heat pipe network that are                                     
                            part of the heat dissipating apparatus for use on the                                         
                            spacecraft are disposed on the spacecraft in one way or                                       
                            another and are thus inherently coupled (directly or                                          
                            indirectly) to one of the plurality of the interior and/or exterior                           
                            surfaces of the spacecraft.  The compressor 33 or 33' is                                      
                            inherently operationally coupled to some spacecraft power                                     
                            source.  Little or no patentable weight is given to the                                       
                            functional language in the claims (i.e., the limitations relating                             
                            to raising the temperature of the fluid medium to a particular                                
                            operating level as claimed).  A reverse Rankine                                               
                            thermodynamic cycle heat pump is a standard vapor                                             
                            compression cycle heat pump by definition.                                                    
                     As an initial matter, the examiner’s dismissal of the limitation relating to raising                 
              the temperature of the fluid medium to a temperature above that of the at least one                         
              solar loaded surface as deserving of little or no patentable weight is inappropriate.  It is                
              well settled that all words in a claim must be considered in judging the patentability of                   
              that claim against the prior art.  See In re Wilson, 424 F.2d 1382, 1385, 165 USPQ 494,                     
              496 (CCPA 1970).                                                                                            
                     While the compressors and condenser of Scaringe’s heat pump system are                               
              thermally coupled to the radiator 20 by a heat pipe and while one of ordinary skill in the                  
              art would most probably infer that the radiator 20 is associated with at least one external                 
              surface of the spacecraft for heat rejection from the spacecraft, Scaringe gives                            
              absolutely no indication that the heat pump or radiator is in thermal communication with                    
              a solar loaded surface, which one of ordinary skill in the art would understand to mean a                   







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