Ex parte BROCK - Page 27




          Appeal No. 97-2642                                        Page 27           
          Application No. 08/094,461                                                  


          system utilizing exhaust gases as suggested and taught by                   
          McEachern interposed upstream of Raymond's restrictor 82, the               
          claimed additional heating of claim 16 and the booster heater               
          of claims 18 and 19 read on the heating that would take place               
          by the pressure drop across Raymond's restrictor 82.                        
          Accordingly, the examiner's rejection of claims 16, 18 and 19               
          under 35 U.S.C. § 103 based on the combined teachings of                    
          Raymond, Jeppson, McEachern and McConnell is affirmed.                      


               With regard to claims 21, 25 and 35, we agree with the                 
          examiner (answer, p. 9) that it would have been obvious to one              
          of ordinary skill in the art at the time the invention was                  
          made to further modify Raymond's system by transferring heat                
          to the oil from the engine's exhaust by coiling the oil pipe                
          around an exhaust pipe as suggested and taught by McConnell.                


               We do not agree with the appellant's argument that                     
          McConnell is non-analogous art for the reasons set forth                    
          above.  The only other argument (brief, p. 49, reply brief,                 
          pp. 12-13) raised is that the single serpentine heat exchanger              
          recited in claim 35 is not suggested by the applied prior art.              







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