Ex parte CHRYSLER et al. - Page 5




              Appeal No. 1999-0421                                                                       Page 5                
              Application No. 08/587,866                                                                                       


              comprising a generally rectangular multi-layer structure defining a plurality of straight-line fluid             
              flow passages (slits 16) bounded by fins 17 which present abundant surface area for heat                         
              transfer from the heat sink to the passing fluid.  Thus, especially in light of the different                    
              objectives of Minakami and Kashima, as the Minakami heat sink appears to present a relatively                    
              low resistance to flow and good thermal transfer, it is not apparent to us why one of ordinary                   
              skill in the art would have been motivated by the teachings of Kashima to modify Minakami by                     
              coiling the heat sink fin elements thereof.  From our perspective, the only suggestion for putting               
              the selected pieces from the references together in the manner proposed by the examiner is                       
              found in the luxury of hindsight accorded one who first viewed the appellants' disclosure.                       
              This, of course, is not a proper basis for a rejection.  See In re Fritch, 972 F.2d 1260, 1266,                  
              23 USPQ2d 1780, 1784 (Fed. Cir. 1992).                                                                           
                      Accordingly, we shall not sustain the examiner's rejection of claims 1 and 8 or claims 2-                
              4, 6, 7, 9, 10, 12 and 13 which depend therefrom.                                                                




















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