Ex Parte Army et al - Page 8

                  Appeal 2006-1849                                                                                            
                  Application 10/387,139                                                                                      
                         Christians discloses an integrated environmental control system                                      
                  having two air cycle machines (col. 2, ll. 13-21) wherein each air cycle                                    
                  machine has a compressor, fan and a turbine (col. 3, ll. 62-67, Figure 1).                                  
                  Christians does not disclose an air cycle machine having a second turbine.                                  
                         Hipsky discloses a two turbine environmental control system wherein                                  
                  the conditioned air from a first turbine is fed to a second turbine for                                     
                  additional cooling (col. 2, l. 64 to col. 3, l. 7).  Hipsky further discloses that                          
                  his environmental control system “efficiently provide[s] an increased                                       
                  conditioned air flow” (col. 2, ll. 17-20).  Hipsky also discloses that using his                            
                  two turbine environmental control system permits the use of a simpler,                                      
                  cheaper condenser that does not need to be designed to handle icing (col. 2,                                
                  ll. 4-15).                                                                                                  
                         Based on these aforenoted disclosures, we conclude that Hipsky’s                                     
                  disclosure of producing a cheaper and more efficient environmental control                                  
                  system using the two turbine set-up provides implicit motivation to combine                                 
                  the second turbine with an air cycle machine in Christians’ integrated                                      
                  environmental control system in order to “enhance commercial opportunities                                  
                  by improving a product” (i.e., environmental control systems).  Dystar,                                     
                  464 F.3d at 1368.                                                                                           
                         Additionally, we agree with the Examiner’s findings that the                                         
                  combination of Christians with Hipsky would “efficiently provide air at the                                 
                  desired temperature and humidity” and that universally it is “desirable” to                                 
                  improve control over the final conditions of the treated air (Answer 4).                                    
                         We further note that an ordinarily skilled artisan would have                                        
                  possessed the knowledge and skills to be “capable” of combining Hipsky’s                                    
                  second turbine with an air cycle machine in Christians’ integrated                                          

                                                              8                                                               


Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next 

Last modified: November 3, 2007