Ex Parte Karl - Page 10



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

                 The appellant argues that Echigoya’s accumulator is not                              
            common to both the air-conditioning and heat-pump loops (brief,                           
            page 18).  The appellant does not argue that the references lack                          
            a refrigerant fluid accumulator in the air-conditioning loop as                           
            required by claim 8.  The appellant’s argument pertains only to                           
            claim 9.  Echigoya’s disclosure that the accumulator prevents                             
            liquid from entering the compressor would have fairly suggested,                          
            to one of ordinary skill in the art, an accumulator at the inlet                          
            to the compressor that is common to the heating and air-                                  
            conditioning loops in Enomoto’s system (compressor 10, figure 1).                         
            Regardless, Enomoto’s evaporator/accumulator (15) is common to                            
            the heating and air-conditioning loops (figure 1).                                        
                 We therefore affirm the rejection of claims 8 and 9 under                            
            35 U.S.C. § 103 over Noda in view of Enomoto and Echigoya.                                
                             Rejection of claims 12, 15 and 17-23                                     
                         under 35 U.S.C. § 103 over Noda in view of                                   
                              Enomoto and Whalen, Momose or Patry                                     
                 Whalen discloses a heating and cooling system for a multi-                           
            story building (col. 1, lines 4-5).                                                       
                 Momose discloses a calorimeter for an air conditioner                                
            (page 1).                                                                                 
                 Patry discloses a heat pump for air conditioning the                                 
            interior of a building (page 1).                                                          
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