Ex parte HARRELL et al. - Page 5




          Appeal No. 2000-0185                                                        
          Application 08/847,111                                                      


          F.2d 1366, 1375, 217 USPQ 1089, 1096 (Fed. Cir. 1983); In re                
          Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981).  The              
          law followed by our Court of review, and thus by this Board,                
          is that "[a] prima facie case of obviousness is established                 
          when the teachings from the prior art itself would appear to                
          have suggested the claimed subject matter to a person of                    
          ordinary skill in the art."  In re Rinehart, 531 F.2d 1048,                 
          1051, 189 USPQ 143, 147 (CCPA 1976).  See also In re Lalu, 747              
          F.2d 703, 705, 223 USPQ 1257, 1258 (Fed. Cir. 1984) "In                     
          determining whether a case of prima facie obviousness exists,               
          it is necessary to                                                          




          ascertain whether the prior art teachings would appear to be                
          sufficient to one of ordinary skill in the art to suggest                   
          making the claimed substitution or other modification.”                     


          Looking at the Iwasaki patent, it is apparent that it                       
          discloses a heat exchanger assembly including a housing (42)                
          and a heat exchanger core assembly (43, 44) disposed in the                 


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