Ex Parte Wisniewski et al - Page 3

                 Appeal 2006-3326                                                                                        
                 Application 09/881,909                                                                                  

                 container which segments the container into a plurality of compartment and                              
                 whose distal end is in close proximity to the interior surface of the container,                        
                 such that heat is transferred from the distal end of the structure through a                            
                 thermal bridge to the interior wall of the container in response to the wall                            
                 being actively cooled.                                                                                  
                        Appealed claims 1-5, 7-10, 12-34, 36, 37, and 39-55 stand rejected                               
                 under 35 U.S.C. § 102(b) or, in the alternative, under 35 U.S.C. § 103(a) as                            
                 being unpatentable over Wisniewski.  In addition, the appealed claims stand                             
                 rejected under 35 U.S.C. § 103(a) as follows:                                                           
                        (a)  claims 1-5, 7-10, 12-34, 36, 37, and 39-55 over Wisniewski in                               
                        view of Kalhori,                                                                                 
                        (b)  claims 1-5, 7-10, 12-34, 36, 37, and 39-55over the combination of                           
                        Wisniewski and Kalhori further in view of Euwema, Cothern, West,                                 
                        Morrison, and Nakao,                                                                             
                        (c)  claims 1-5, 7-10, 12-34, 36, 37, and 39-55over the prior art cited                          
                        above in view of admitted prior art in the Specification,                                        
                        (d)  claims 11 and 38 over the prior art cited above further in view of                          
                        Brown or Gross, and                                                                              
                        (e)  claims 6 and 35 over the prior art cited above further in view of                           
                        Nagashio or Koerber.                                                                             
                        Appellants present separate arguments only for claims 11 and 38.                                 
                 Accordingly, the remaining claims on appeal stand or fall together.                                     
                        We have thoroughly reviewed each of Appellants' arguments for                                    
                 patentability, as well as the declaration evidence relied upon in support                               
                 thereof.  However, we find that the Examiner's rejections are supported by                              


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