Ex parte ROBERTS - Page 6




          Appeal No. 1997-2910                                                        
          Application 08/421,387                                                      



          accordion-pleated into folds and brazed at each crease to each              
          of the inner and outer fin supports as recited in Appellant's               
          claims.  Upon a close review of Rinia, we fail to find that                 
          figure 1 or figure 2 shows a single metal fin material that is              
          accordion-pleated into folds and brazed at each of the                      
          creases.  Instead, Rinia discloses rings of vanes that are                  
          formed into zigzag bands.  See column 2, lines 40 through 46.               
          Therefore, we fail to find that Rinia teaches or suggests the               
          claim limitations as recited in Appellant's claims and,                     
          therefore, we will not sustain the rejection.  In regard to                 
          the rejection of claim 7 under 35 U.S.C. § 103 as being                     
          unpatentable over Rinia in view of Roberts, we note that the                
          Examiner is relying on Rinia for the above limitations.                     
          Therefore, we will not sustain the rejection of claim 7 for                 
          the same reasons as above.                                                  




                    Claims 1, 3, 4 and 6 stand rejected under 35 U.S.C.               
          § 103 as unpatentable over the combination of Depew and either              
          Zelinka or Van Warmerdam.  On page 7 of the reply brief,                    

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