Ex Parte Brasz et al - Page 2




             Appeal No. 2006-0349                                                            Page 2              
             Application No. 10/293,727                                                                          


                                                BACKGROUND                                                       
                   The appellants’ invention relates to an organic Rankine cycle system and methods and          
             apparatus for using such Rankine cycle system (specification, p. 1).  A copy of the claims under    
             appeal is set forth in the appendix to the appellants’ brief.                                       

                   The examiner relies upon the following as evidence of unpatentability:                        
             Amir     US 4,458,493   Jul. 10, 1984                                                               
             Brasz     US 5,266,002   Nov. 30, 1993                                                              
             Hay     US 6,393,840 B1  May 28, 2002 (Mar. 1, 2000)                                                
             Hanna     US 6,598,397 B2   Jul. 29, 2003 (Aug. 10, 2001)                                           

                   The following rejections are before us for review.                                            
                   Claims 1, 10-13, 21 and 22 stand rejected under 35 U.S.C. § 103 as being unpatentable         
             over Amir in view of Hanna.                                                                         
                   Claims 2-4, 18-20 and 24-26 stand rejected under 35 U.S.C. § 103 as being unpatentable        
             over Amir in view of Hanna and Hay.                                                                 
                   Claims 5, 14 and 23 stand rejected under 35 U.S.C. § 103 as being unpatentable over           
             Amir in view of Hanna and Brasz.                                                                    
                   Rather than reiterate the conflicting viewpoints advanced by the examiner and the             
             appellants regarding this appeal, we make reference to the examiner's answer for the examiner's     
             complete reasoning in support of the rejections and to the appellants’ brief (filed March 8, 2004)  
             and reply brief (filed July 19, 2004) for the appellants’ arguments thereagainst.                   















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