Ex Parte Bosko - Page 14


                 Appeal No.  2007-0379                                                    Page 14                   
                 Application No.  10/045,301                                                                        
                                                                                                                   
                 the teaching of Boulter to have the Reverse Osmosis-treated water inside the                       
                 bladder for controlling the water stored in the bladder as taught by Voznick                       
                 without having significant backpressure and prevent air-borne bacteria, etc. . . .”                
                 Answer, bridging sentence, pages 7-8.                                                              
                       In response, appellant asserts that “Boulter does not teach cooling                          
                 proximity, and it does not teach integrating the reservoir with the water-using unit               
                 for this cooling proximity.”  Brief, page 11, emphasis removed.  We agree.                         
                 According to Boulter (column 6, lines 21-35), figure 19 illustrates the kiosk 2001                 
                       in a partial cutaway view with the service door 2023 open. . . .  A                          
                       commercial ice-cube maker 2019 is mounted above the ice bin                                  
                       2028. . . .  An air cooler 2027 circulates cold air inside the ice bin                       
                       2028 to prevent melting of the ice.  The air cooler 2027 has a                               
                       compressor 2030 and a receiver tank 2031.  The ice-cube maker                                
                       2019 has a compressor 2032 and a receiver tank 2033.  The units                              
                       2030-2033 are located on the roof of the kiosk 2001 for space                                
                       saving and maintainability considerations since the inside of the                            
                       kiosk 2001 is filled with a water-purification system as shown in                            
                       Figs. 22, 23.                                                                                
                       On reflection, contrary to the examiner’s intimation, we find nothing in                     
                 Boulter to suggest integrating the reservoir with the water-using unit or to                       
                 otherwise place the reservoir in “cooling proximity” to the water-using unit.                      
                 Voznick fails to make up for this deficiency in Boulter.  Accordingly, we reverse                  
                 the rejection of claims 1, 8, and 12-14 under 35 U.S.C. § 103 as being                             
                 unpatentable over the combination of Boulter and Voznick.                                          


                       The combination of Boulter, Voznick and Blades:                                              
                       Claims 6, 7, 11, and 12 stand rejected under 35 U.S.C. § 103 as being                        
                 unpatentable over the combination of Boulter, Voznick, and Blades.  The                            




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