Ex Parte Brown et al - Page 9




          Appeal No. 2004-0616                                                        
          Application 09/692,982                                                      


          Ripka and Chase, the examiner concludes (answer, pages 4-5) that            
          it would have been obvious to one of ordinary skill in the art to           
          modify Ripka by including the length of said transition being               
          defined by the relationships as purportedly taught by Chase for             
          the purpose of providing a furnace with compact construction to             
          maximize heat transfer.                                                     


          Again, we note that the examiner has not specifically                       
          identified in the rejection exactly which one of the flow                   
          passages in either Ripka or Chase contains a transition region              
          like that defined in the claims on appeal.  Like appellants, we             
          observe that Chase shows a heat exchanger (Figs. 4-6) which                 
          transitions from a single flow passage (24b) with a generally               
          flat with rounded ends configuration as seen in Figures 4 and 6             
          to an enhanced three flow passageway arrangement (25a, 25b, 25c)            
          seen in Figures 4 and 5, wherein each of the three flow                     
          passageways is generally circular in configuration.  The actual             
          transition from the passageway configuration (24b) seen in Figure           
          6 to the three passageway arrangement (25a, 25b, 25c) of Figures            
          2 and 5 in Chase appears from Figures 4-6 of that patent to be              
          rather abrupt and thus would not seem to occur in a “gradual                


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