Ex Parte Pelonis - Page 4



          Appeal No. 2005-2052                                                        
          Application No. 09/996,842                                                  

          that this recitation is inherent in the combination of                      
          references because mounting a fan above the tubular radiation               
          units of De’Longhi would inherently influence the temperature of            
          the diathermal fluid contained therein.  The examiner states,               
          that therefore, such a fan mounting would inherently enhance                
          thermal convection of the fluid.  Answer, pages 4-5.                        
               Appellant’s position regarding the rejection is set forth              
          on pages 4 through 7 of the brief.  Appellant argues that the               
          modification suggested by the examiner would destroy the utility            
          of De’Longhi’s invention.  Appellant argues that moving the                 
          thermoventilation unit 6 from the bottom of the apparatus of                
          De’Longhi, to the top of the apparatus of De’Lonhgi, would cause            
          the unit to no longer be rotated so as to direct heated air                 
          substantially parallel and adjacent to the floor of the room.               
          Appellant argues that, instead, heated air would be directed                
          parallel to the floor, but at a height several feet above the               
          floor.  Brief, page 6.  We are not convinced by this argument               
          for several reasons.  As pointed out by the examiner, Woolley               
          specifically teaches to project air downwardly over the heat                
          transferring surfaces of the radiator and discharge air at a                
          predetermined point near the floor of the room to positively                
          heat a maximum volume of room air and to more uniformly                     
          distribute heat throughout the room.  Hence, one of ordinary                
          skill in the art would adjust the fan to project air downwardly             
          over the heat transferring surfaces of the radiator to heat a               
          maximum volume of air and to provide uniform distribution of                




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