Ex parte KOSTER et al. - Page 2




                 Appeal No. 2000-1333                                                                                                                   
                 Application No. 08/691,988                                                                                                             


                 in                                                                                                                                     
                 a regenerative heat exchanger.  Claim 1 is illustrative and                                                                            
                 reads as follows:1                                                                                                                     
                                   1.  A heating sheet bundle adapted to be mounted                                                                     
                                   tangentially or radially in trapezoidally segmented                                                                  
                 cells                                                                                                                                  
                          of a heating surface carrier of a regenerative heat                                                                           
                                   exchanger with stationary or revolving storage                                                                       
                 masses,                                                                                                                                
                          the heating sheet bundle comprising a plurality of                                                                            
                 profiled                   sheets mounted so as to be placed against each                                                              
                 other and                  forming flow ducts therebetween, wherein at                                                                 
                 least two outer                     profiled sections on at least two                                                                  
                 oppositely located sides                              of the bundle are constructed as                                                 
                 a pair of profiled                                                                                                                     
                          sheets connected in a sandwich-like manner so as to be                                                                        
                          dimensionally stable, wherein one of the profiled sheets                                                                      
                          of the pair of profiled sheets is undulated and another                                                                       
                 of the profiled sheets of the pair of profiled sheets is                                                                               
                                   corrugated, each sheet having a rolling depth, and                                                                   
                 wherein the rolling depth of the undulated sheet is greater                                                                            
                 than the                   rolling depth of the corrugated sheet.                                                                      
                                                               THE PRIOR ART                                                                            
                          The references relied upon by the examiner as evidence of                                                                     

                          1Contrary to the statement on page 2 in the examiner’s                                                                        
                 answer (Paper No. 22), the copy of claim 1 in the appendix to                                                                          
                 the appellants’ brief (Paper No. 21) is not correct because it                                                                         
                 reflects the amendment filed October 13, 1998 (Paper No. 12)                                                                           
                 which has not been entered.  The record shows that the                                                                                 
                 examiner refused entry of the amendment when it was filed (see                                                                         
                 the advisory action dated November 4, 1998, Paper No. 14) and                                                                          
                 that the appellants did not direct that it be entered in their                                                                         
                 subsequently filed request for a continued prosecution                                                                                 
                 application (Paper No. 15).                                                                                                            
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