Ex Parte Otter - Page 12
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Appeal No. 2004-1125
Application No. 09/923,998
on the surfaces of a plurality of flow passages of a heat
exchanger.
For this reason, we cannot affirm this ground of rejection.
Summary
In summary, we affirm the examiner’s rejection under 35
U.S.C. § 102(b) of appealed claims 1 through 3, 7, 8, 11, 18,
28, and 30 as anticipated by Erwin. We reverse, however, the
rejections under 35 U.S.C. § 103(a) of: claim 19 as unpatentable
over Erwin; claim 20 as unpatentable over Erwin in view of
Lowenstein; and claims 1, 5, 6, 12 through 17, 21 through 27,
and 29 as unpatentable over the appellant’s admitted prior art
in view of Ogawa.
The decision of the examiner is therefore affirmed in part.
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