Ex parte MARK G. VOSS et al. - Page 2

              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.                     

                     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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