Appeal No. 97-2782 Page 8
Application No. 08/368,993
Contact between the tube 38 and the radiator panel 22 is
important to maximize conductive heat exchange between
water in the tube and the radiator panel and, ultimately,
the panel shell. The tube can be inserted into the
channel and then deformed to press its sides against the
sides of the C-shaped channel 30. Of course, the
invention contemplates that other variations of inserting
the tube and obtaining maximum contact between the tube
and channel are known in the art and may be utilized for
purposes of this invention.
Although copper is the preferred material from which
to construct the tubing due to its excellent heat
conductive and non-corrosive properties, the invention
can utilize any type of tubing able to conduct heat from
fluids of varying temperatures. Metals and other
materials suitable for use are presently known in the art
and may be substituted for the copper tube.
The argument presented by the appellant (brief, pp. 12-
14) does not convince us that claim 26 is patentable. The
appellant argues that Bergh does not contemplate his copper
tube being flexible as recited in claim 26. We find this
argument to be unpersuasive since the claimed flexible hose
"reads on" Bergh's copper tube 38. In that regard, we find
that Bergh inherently discloses to one skilled in the art that
the cross-sectional shape of his copper tube 38 changes from
its original shape (i.e., prior to its insertion into the
channel 30) to the shape of the channel 30. This finding is
based upon the following factors: (1) Bergh teaches that the
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