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Application of Thomas F. Facius

408 F.2d 1396, 56 C.C.P.A. 1348
CourtCourt of Customs and Patent Appeals
DecidedApril 10, 1969
DocketPatent Appeal 8238
StatusPublished
Cited by24 cases

This text of 408 F.2d 1396 (Application of Thomas F. Facius) is published on Counsel Stack Legal Research, covering Court of Customs and Patent Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Application of Thomas F. Facius, 408 F.2d 1396, 56 C.C.P.A. 1348 (ccpa 1969).

Opinion

BALDWIN, Judge.

This appeal is from the Patent Office Board of Appeals decision affirming the examiner’s rejection of claims 1-4, all of the claims in appellant’s application, 1 “as being unpatentable over the disclosure in Engalitcheff 2 in view of the disclosure in Dargavel 3 under 35 U.S.C. § 103.”

THE INVENTION

The invention “relates to evaporative heat exchangers and in particular to improved apparatus for the distribution of water over a heat exchange surface.” The specification states:

A water distribution system involving troughs spaced apart so that air could flow between them is disclosed in * * * [Engalitcheff], This invention involves an improvement over the disclosure of that patent.

The invention is reflected in representative claim 1, subdivided herein with bracketed reference numerals added, when considered with reference to appellant’s Figures 3 and 4 below:

1. A system for maintaining an even level of water in a series of troughs [11], each having notched side walls and being spaced apart in the same plane that comprises
an elongated chamber [23],
an elongated reservoir [25],
a common wall [24] between said chamber and reservoir and defining holes [28] at spaced intervals therealong,
the wall [27] of said reservoir opposite said common wall defining a plurality of outlet parts [29], each communicating directly with an end of one of said troughs,
said ports generally conforming to the interior cross sectional shape of the trough served.

*1399

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408 F.2d 1396, 56 C.C.P.A. 1348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/application-of-thomas-f-facius-ccpa-1969.