Ex parte YAMAMOTO et al. - Page 3




          Appeal No. 97-3006                                                          
          Application 08/571,032                                                      


          the range of 300 to 800 mm, the condensation distance L (unit:              
          mm) of the refrigerant is expressed by the equation: L =                    
          (N+1)W, and                                                                 
               the condensation distance L (unit: mm) is L = 400 + 1180               
          de to 700 + 1180 de                                                         
               where the equivalent diameter in the tubes corresponding               
          to the tube area is de (unit: mm), and the equivalent diameter              
          de (unit:  mm) of the tubes is less than 1.15 mm,                           

               the number N being an integer rounded from the expression              
          (L/W)-1.                                                                    
               The items relied upon by the examiner as evidence of                   
          obviousness are:                                                            
          Guntly et al. (Guntly)        4,998,580           Mar. 12, 1991             
          Hoshino et al. (Hoshino)           5,190,100           Mar.  2,             
          1993                                                                        
                                             (filed Mar.  19, 1991)                   
               The item relied upon by the appellants as evidence of                  
          non-obviousness is:                                                         
               The 37 CFR § 1.132 Declaration filed on August 26,                     
               1996 as part of Paper No. 25.                                          
               Claims 1 and 3 stand rejected under 35 U.S.C. § 103 as                 
          being unpatentable over Hoshino in view of Guntly.                          
               Reference is made to the appellants’ brief (Paper No. 29)              
          and to the examiner’s answer (Paper No. 30) for the respective              
          positions of the appellants and the examiner with regard to                 
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