Appeal No. 96-2649
Application 08/418,875
The appealed claims stand rejected as follows:
a) claims 1, 13, 14, 16, 17, 22 and 23 under 35 U.S.C.
§ 102(b) as being anticipated by Portal;
b) claims 2 through 12, 15, 18 through 20 and 28 under 35
U.S.C. § 103 as being unpatentable over Portal; and
c) claims 24 through 27 under 35 U.S.C. § 103 as being
unpatentable over Portal in view of Clausen.
Reference is made to the appellant’s main and reply briefs
(Paper Nos. 27 and 29) and to the examiner’s final rejection and
answer (Paper Nos. 24 and 28) for the respective positions of the
appellant and the examiner with regard to the merits of these
rejections.
Portal, the examiner’s primary reference, pertains to the
production of a heat-transfer tube having longitudinal groups of
fins which are inclined to the axis of the tube. The fins in
each group are inclined in a direction opposite to those in the
two adjacent groups to form a “herringbone” fin pattern (see
column 1, lines 31 through 44). By way of background, Portal
explains that
[t]he fabrication of tubes provided with fins
which are inclined to the axis and especially of tubes
with “herringbone” fins gives rise to difficulties.
The machining of fins of this type by means of the
usual methods which call for the use of machine tools
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