Appeal No. 97-2782 Page 9
Application No. 08/368,993
copper tube 38 is deformed to press its sides against the
sides of the C-shaped channel 30, and (2) Bergh teaches that
the copper tube 38 runs along almost the entire length of the
panel and then deviating from and curving up and out of the
channel 30 near its ends a shown in Figures 1, 3 and 4). The
ability of the copper tube 38 to be deformed and to curve are
sufficient to establish that the copper tube 38 is made of a
flexible material which flexibly deforms when the copper tube
38 is placed within the channel 30.
For the reasons set forth above, the decision of the
examiner to reject claim 26 under 35 U.S.C. § 102(b) is
affirmed.
Claims 29 and 40
The appellant has grouped claims 26, 29 and 40 as
standing or falling together. Thereby, in accordance with 375
CFR
5See page 11 of the appellant's brief.
Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: November 3, 2007