Ex Parte JUDGE et al - Page 6




          Appeal No. 2003-0669                                                        
          Application 09/407,116                                                      


          grooves 8 having sharp points (see Figures 15 and 16).  Onishi              
          teaches that the grooves improve the coefficient of heat transfer           
          to and from the refrigerant and air for the reasons specified at            
          column 5, lines 1 through 30, and column 9, lines 29 through 63.            
          One of the stated reasons attributes the improved heat transfer             
          to an increase in refrigerant turbulence caused by the spiral               
          grooves.                                                                    
               In proposing to combine Daily and Onishi to reject the                 
          claims on appeal, the examiner concludes that it would have been            
          obvious at the time the invention was made to a person having               
          ordinary skill in the art “to employ in Daily et al tubes having            
          internal cross grooves for the purpose of improving heat exchange           
          in both evaporating and condensing modes as recognized by Onishi            
          et al” (answer, page 4).                                                    
               Considered objectively, the applied references present                 
          Daily’s electrodes and Onishi’s surface irregularities (spiral              
          grooves) as alternative mechanisms for inducing fluid flow                  
          turbulence and increasing heat transfer.  Evidence thereof lies             
          in Daily’s express preference for electrodes in lieu of extended            
          surface forms, i.e., surface irregularities, which are viewed by            
          Dailey as being problematic.  There is nothing in the collective            
          teachings of the two references which would have suggested                  


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