Ex Parte Brasz et al - Page 2




               Appeal No. 2006-1959                                                                       Page 2                
               Application No. 10/293,711                                                                                       


                                                       BACKGROUND                                                               
                      The appellants’ invention relates to an organic Rankine cycle system and methods and                      
               apparatus for using such Rankine cycle system (specification, p. 1).  A copy of the claims under                 
               appeal is set forth in the appendix to the appellants’ brief.                                                    

                      The examiner relies upon the following as evidence of unpatentability:                                    
               Amir     US 4,458,493   Jul. 10, 1984                                                                            
               Brasz     US 5,266,002   Nov. 30, 1993                                                                           
               Hay     US 6,393,840 B1  May 28, 2002 (Mar. 1, 2000)                                                             
               Hanna     US 6,598,397 B2   Jul. 29, 2003 (Aug. 10, 2001)                                                        

                      The following rejections are before us for review.                                                        
                      Claims 1, 9 and 13 stand rejected under 35 U.S.C. § 103 as being unpatentable over Amir                   
               in view of Hanna.                                                                                                
                      Claims 6-8, 12 and 18-21 stand rejected under 35 U.S.C. § 103 as being unpatentable                       
               over Amir in view of Hanna and Hay.                                                                              
                      Claims 2, 3, 10, 14 and 15 stand rejected under 35 U.S.C. § 103 as being unpatentable                     
               over Amir in view of Hanna and Brasz.                                                                            
                      Rather than reiterate the conflicting viewpoints advanced by the examiner and the                         
               appellants regarding this appeal, we make reference to the examiner's answer for the examiner's                  
               complete reasoning in support of the rejections and to the appellants’ brief (filed August 25,                   
               2005) and reply brief (filed November 29, 2005) for the appellants’ arguments thereagainst.                      














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