Ex Parte Kohler et al - Page 2

                Appeal 2006-3265                                                                             
                Application 10/047,670                                                                       
                3, 4, 6, 7, 9, 10, 12, and 14 stand objected to as depending from a rejected                 
                claim.  We have jurisdiction over this appeal under 35 U.S.C. § 6 (2002).                    
                      Appellants’ claimed invention is directed to a tank and cap assembly                   
                for microchannel tubing in heat exchangers (Specification 1).  The assembly                  
                utilizes a cap having a slot therein through which the microchannel tubing is                
                inserted and a tank for receiving the cap therein (Specification 7 and 8).  All              
                surfaces of the tank are free of braze clad or alloy, but the cap has braze clad             
                material on both its interior and exterior surfaces.  Thus, when the tubing,                 
                cap and tank are assembled as illustrated in Fig. 2 and subjected to a brazing               
                temperature, the braze cladding will flow to bond and seal the exterior                      
                surface of the tubing with the cap within the slot and to seal the interface of              
                the cap with the tank.  (Specification 9-10.)  With Appellants’ assembly,                    
                because braze clad or alloy is located only on the cap, in a region away from                
                the end of the tubing, braze clad or alloy is unlikely to migrate to the end of              
                the tubing and plug any of the ports or channels therein (Specification 13).                 
                Independent claim 1 is illustrative of the claimed subject matter and reads as               
                follows:                                                                                     
                            1. A heat exchanger, comprising:                                                 
                                   a flattened tube including a port extending to                            
                            an end of the tube;                                                              
                                   a cap having a generally centrally located                                
                            slot sized to snugly receive said end and allow said                             
                            tube to pass fully through said slot, said cap having                            
                            a body in which said slot is formed and having an                                
                            exterior surface nominally concentric with said                                  
                            slot, said exterior surface having a tube facing side                            
                            and an opposite side spaced therefrom, the                                       
                            periphery of said cap at said tube facing side being                             
                            larger than the periphery at said opposite side; and                             

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