Ex parte ROLAND - Page 9



          Appeal No. 97-4249                                                          
          Application No. 08/249,400                                                  


          apparatus (Figure 1) and the inventive apparatus (Figure 3),                
          utilize a pair of serpentine heat exchangers, with the                      
          improvement provided by Oogushi being the use of full length                
          plates 11 (Figure 3) rather than partial length plates 8                    
          (Figure 1).                                                                 
               The teachings of the other references applied against                  
          independent claims 11 and 16, as well as against various of                 
          the dependent claims, fail to alleviate the deficiencies                    
          pointed out above.                                                          
               It is our conclusion that the teachings of the references              
          applied against independent claims 1, 11 and 16 fail to                     
          establish a prima facie case of obviousness with regard to the              
          subject matter recited in each, and we therefore will not                   
          sustain the                                                                 
          rejections of these claims or of the others, all of which                   
          depend                                                                      
          from them.                                                                  










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