Ex parte LOGIC - Page 2




          Appeal No. 97-1005                                                          
          Application 08/262,993                                                      







                                 DECISION ON APPEAL                                   
                    This is a decision on appeal from the examiner's                  
          final rejection of claims 12 through 23.  Claims 1 through 11               
          and 24, the only other claims pending in the application,                   
          stand withdrawn from further consideration under 37 CFR §                   
          1.142(b).                                                                   


                    Appellant's invention relates to an apparatus for                 
          continuously cutting extruded metal tubing generally of the                 
          type used in parallel flow heat exchangers.  As explained in                
          the specification (page 1) and as seen in Figure 1 of the                   
          drawings, such extruded tubing is of flattened cross section                
          having tube major and minor dimensions. In the "Background"                 
          section of appellant's  specification (pages 1-4) it is noted               
          that prior art methods and apparatus for cutting such extruded              
          metal tubing were relatively slow in that the tubing was                    
          intermittently advanced and then halted while some operation                
          was performed on it.  This approach is indicated to have                    
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