Ex Parte Karl - Page 6



            Appeal No. 2006-1228                                                                      
            Application No. 09/802,982                                                                

            accumulator, as stated in the specification, is integrated into                           
            evaporator 16 (page 12, lines 19-21).                                                     
                 The examiner argues that in claim 12, the first and second                           
            valve systems are not well defined and the anti-return valve is                           
            not upstream of the evaporator (brief, page 4).  The examiner’s                           
            mere assertion that the first and second valve systems are not                            
            well defined is not adequate for establishing that the claim                              
            would have been unclear to one of ordinary skill in the art.  As                          
            for the anti-return valve, the anti-return valve (42) in figure 3                         
            is in the inlet to the evaporator (16) and, therefore, reasonably                         
            can be considered to be upstream of the evaporator.                                       
                 For the above reasons we reverse the rejection of claims 2,                          
            8, 9, 11 and 12 under 35 U.S.C. § 112, second paragraph.                                  
                         Rejection of claims 1, 2, 10, 11, 13 and 14                                  
                     under 35 U.S.C. § 103 over Noda in view of Enomoto                               
                 Noda discloses a motor vehicle passenger compartment heating                         
            system comprising a loop wherein hot refrigerant from a                                   
            compressor (2) passes through a condenser (3) to heat hot water                           
            from the engine (1) before the water passes through heater cores                          
            (13, 23) that heat air entering the passenger compartment, and                            
            the refrigerant that exits the condenser passes through a liquid                          
            tank (4) and an expansion valve (5) and then passes through an                            
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