Ex parte GREGORY - Page 5




          Appeal No. 2000-1335                                                        
          Application 09/131,930                                                      


               its intermediate portion with the lowermost annular                    
               tube 18 by means of communicating tubes 22 arranged                    
               radially, and the tank 21 on the discharge port side                   
               is communicated in its upper end portion with the                      
               uppermost annular tube 18 by means of communicating                    
               tubes 23 arranged radially.  The supply tube 11 is                     
               communicated with the bottom of the tank 20 on the                     
               supply port side, and the discharge tube 12 is                         
               communicated with the bottom of the tank 21 on the                     
               discharge port side [column 3, line 41, through                        
               column 4, line 4].                                                     

               Claim 1, the sole independent claim on appeal, recites a               
          radial flow heat exchanger comprising, inter alia, a sealed                 
          fluid manifold, a sealed fluid receiving hub spaced interiorly              
          and radially with respect to the manifold, a plurality of                   
          separate and spaced fluid flow tubes having respective ends in              
          sealed fluid communication with the manifold and the hub, and               
          a fin assembly positioned between the manifold and hub.  In                 
          the examiner’s view (see pages 3 and 8 through 10 in the                    
          answer), Nomura’s flowpassage 10 meets all of the limitations               
          in claim 1 except for those pertaining to the fin assembly.                 
          Among other things, claim 1 requires the fin assembly (1) to                
          include a heat conducting material which is arranged or                     
          disposed at spaced intervals and in a generally annular                     
          orientation between the hub and manifold, (2) to have a                     
          progressively increasing surface area whereby the maximum                   
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