Ex Parte Bellander - Page 2






                                                BACKGROUND                                                        
                    The appellant's invention relates to a refrigerator with a separate, heat insulating          
             compartment having a drain pipe (specification, page 1).                                             
             Claim 5 is representative of the invention, and is reproduced as follows:                            
                    5. A refrigerator comprising:                                                                 
                          a cooled interior food storage space;                                                   
                          at least one separate, thermally insulated compartment which is cooled to               
                    approximately a same temperature as the food storage space, and which is                      
                    smaller than the food storage space; and                                                      
                          a drain pipe provided in the separate, thermally insulated compartment to               
                    drain condensation water which forms when a heated food storage container                     
                    cools in the compartment.                                                                     
                    The prior art references of record relied upon by the examiner in rejecting the               
             appealed claims are:                                                                                 
             Shueh et al.    4,207,753   Jun. 17, 1980                                                            
             Wilson     4,627,246   Dec.  9, 1986                                                                 
             Jones     5,216,900   Jun.   8, 1993                                                                 

                    Claim 5 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over                   
             Shueh.                                                                                               
                    Claim 6 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over                   
             Shueh in view of Wilson.                                                                             
                    Claim 7 stands rejected under 35 U.S.C. § 103(a) as being unpatentable over                   
             Shueh in view of Jones.                                                                              
                    Claim 8 stands rejected under 35 U.S.C. § 103(a) as being unpatentable in view                
             of Shueh in view of Wilson and Jones.                                                                
                    Rather than reiterate the conflicting viewpoints advanced by the examiner and                 
             the appellant regarding the above-noted rejections, we make reference to the answer                  
             (mailed October 19, 2005) for the examiner's complete reasoning in support of the                    

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