Ex parte PRICE et al. - Page 10




          Appeal No. 97-2414                                                          
          Application 08/417,303                                                      





          With respect to the examiner’s rejections of dependent                      
          claims 3, 6, 10, 11, 15 and 16 under 35 U.S.C. § 103 relying                
          on obvious design choice, we agree with appellants’ position                
          as set forth on pages 11-14 of the brief, and for those                     
          additional reasons will not sustain the examiner’s rejections               
          of claims 3, 6, 10, 11, 15 and 16.                                          

          As should be apparent from the foregoing, the decision of                   
          the examiner rejecting claims 1 through 19 of the present                   
          application is reversed.                                                    

                                      REVERSED                                        



                    NEAL E. ABRAMS               )                                    
                    Administrative Patent Judge  )                                    
                                                  )                                   
                                                  )                                   
                                                  )   BOARD OF PATENT                 
                    CHARLES E. FRANKFORT         )     APPEALS AND                    
                    Administrative Patent Judge  )    INTERFERENCES                   
                                                  )                                   
                                                  )                                   

          of a heat exchanger (perhaps one like that of Chao-Fan Chu, Figure 17).     
                                         10                                           





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