Appeal 2007-1750
Application 11/057,917
art reference may anticipate when the claim limitations not expressly found
in that reference are nonetheless inherent in it.” Id.
FINDINGS OF FACT
Bonner discloses a tube for a heat exchanger. More specifically,
referring to Figure 3, Bonner shows a tube with two helical upsets 27 and 29
with upset 27 having a smaller radial extent than upset 29. See col. 3, ll. 1-6.
Separating the upsets from one another is a groove formed in the sidewall of
the tube and an undisturbed segment of the tube besides the groove having a
tube wall of substantially constant inner diameter.
Furthermore, Bonner discloses that each upset can have a different
pitch or inward radial extent or direction. See col. 3, ll. 40-45. When the
upsets differ in direction, they can intersect.
ANALYSIS
The Appellants argue that Bonner does not describe at least two spiral
upsets protruding from the inner diameter of the heat exchanger tube of
claim 1 that are separated by a segment of the inner diameter comprising a
substantially constant inner diameter. The Appellants contend that this
limitation is intended to mean that the entire segment separating two
adjacent upsets comprises the same diameter, or the same radius (Br. 4).
We are in agreement with the examiner that the transitional phrase
“comprising” which appears both in the preamble and in the description of
the segment is open-ended and does not preclude additional structure in
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