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 -3-Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007