Appeal No. 96-1677
Application 08/144,735
DECISION ON APPEAL
This is an appeal from the final rejection of claims 9 through 14. The other
claims remaining in the application, claims 1 through 8, are indicated as allowable.
Background
The appellants filed a Notice of Appeal on June 1, 1995. Thereafter on July 28,
the appellants filed an Appeal Brief with an Examiner’s Answer following on August 28,
1995. On October 30, 1995, the appellants filed a Reply Brief directed to new points
raised in the Examiner’s Answer. The examiner notified the appellants of non-entry of
the Reply Brief on December 7, 1995. Appellants petitioned from the non-entry of the
Reply Brief and the petition was granted on February 26, 1996. The examiner noted
but did not otherwise respond to the Reply Brief after entry thereof. Therefore, both the
Appeal Brief and the Reply Brief from appellants and the Examiner’s Answer are before
us for consideration on this appeal.
The claimed subject matter relates to a header and tank assembly for a heat
exchanger. The header and tank assembly are concave with complementary extending
flanges that are brazed together to form the tubular header/tank assembly. Elongated
flattened tubes are brazed into the header and comprise the heat exchange passages
of the invention. The flange of the tank has crests and valleys that correspond to the
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