Ex parte GREGORY - Page 7




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


          . having spaced apertures receiving the tubes [presumably                   
          radial tubes 22, 23] for the purpose of increasing surface                  
          area and heat exchange as recognized by Obosu et al” (answer,               
          page 4).                                                                    
               Although Obosu certainly teaches the advantages of                     
          utilizing fins in conjunction with heat exchange tubes to                   
          increase heat exchange efficiency, the heat exchanger                       
          disclosed by Obosu differs markedly in overall shape and tube               
          arrangement from that disclosed by Nomura.  Given the                       
          disparate natures of the two heat exchangers, it is not                     
          apparent how or why Obosu’s planar tube and fin arrangement                 
          would have suggested providing Nomura’s radially                            
          configured flowpassage 10 with the annularly oriented fin                   
          assembly specified in claim 1.  We are therefore constrained                
          to conclude that the only suggestion for such a result stems                
          from impermissible hindsight knowledge derived from the                     
          appellant’s own disclosure.                                                 
               Thus, the combined teachings of Nomura and Obosu fail to               
          establish a prima facie case of obviousness with respect to                 





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