Ex parte WIERES - Page 2




          Appeal No. 2000-1269                                                        
          Application 08/756,349                                                      


               alternating substantially smooth and structured sheet-                 
          metal layers defining channels therebetween through which a                 
          fluid can flow;                                                             
               all of said smooth sheet-metal layers being produced from              
          same initial materials as one another, all of said structured               
          sheet-metal layers being produced from same initial materials               
          as one another;                                                             
               all of said smooth sheet-metal layers having a thickness               
          of from 0.04 mm to 0.06 mm, said structured sheet-metal layers              
          having a thickness of from 0.025 mm to 0.045 mm; and                        
               all of said structured sheet-metal layers being at least               
          0.005 mm thinner than said smooth sheet-metal layers.                       
                                    THE REFERENCE                                     
          Maus et al. (Maus)             5,102,743            Apr. 7,                 
          1992                                                                        
                                    THE REJECTION                                     
               Claims 1-13 stand rejected under 35 U.S.C. § 103 as being              
          unpatentable over the appellant’s admitted prior art in view                
          of Maus.                                                                    
                                       OPINION                                        
               We reverse the aforementioned rejection.                               
               Each of the appellant’s independent claims, i.e.,                      
          claims 1, 12 and 13, requires that all of the smooth sheet-                 
          metal layers are thicker than the structured sheet-metal                    
          layers.                                                                     

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