Appeal No. 2006-3002
Application No. 10/399,820
In the reply brief, appellant asserts (page 2) that it is not the purpose of the
freezer compartment to serve as a fresh food compartment, and that “[t]hus, to modify a
freezer compartment to have a temperature unsuitable for freezing food would render
the freezer compartment unsuitable for its intended use as a freezer.”
From our review of the record, we find, for the reasons which follow, that the
teachings and suggestions of Shueh would not have suggested the invention of claim 5.
Shueh is directed to a top mount refrigerator (figure 1) having a lower, fresh food
compartment 12 including drain tube 56, and an upper freezer compartment 14 (col. 1,
lines 9-12, col. 2, lines 30-32 and col. 3, line 21).
From the disclosure of Shueh, we find no description of a separate, thermally
insulated compartment which is separated from the cooled interior food storage space,
and which is the same temperature as the cooled interior food storage space and which
is smaller than the cooled interior food storage space, as recited in claim 5. We agree
with the examiner to the extent that the relative size and temperature of the freezer and
cooled interior food storage spaces would have been adjustable by an artisan.
However, it is at this point that we part company with the examiner.
As correctly noted by appellant (brief, page 6) there is no motivation or
suggestion to have made the freezer of Shueh larger than the fresh food compartment.
Nor is there any motivation or suggestion to make the freezer and the fresh food
compartments the same temperature. Shueh discloses (col. 1, lines 12-19) that
The freezer compartment has an evaporator disposed in conjunction with
the walls thereof to provide below freezing temperature to the freezer
compartment. A portion of the evaporator passes through the walls of the
fresh food compartment and is disposed within the fresh food
compartment to provide cooling temperatures above the freezing point.
From the disclosure of Shueh, we find a teaching of the freezer being set below
freezing temperature and having the fresh food storage areas cooled to temperatures
above the freezing point. We therefore find no support for having the freezer space
5
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