Appeal No. 98-1499 Application No. 08/392,493 Looking first to the examiner’s rejection of claims 1, 27, 36, 42, 44, 46 and 47 under 35 U.S.C. § 102(b) as being anticipated by Takeshita, we note that the examiner has taken the position (answer, pages 3-4) that Regarding claims 1 and 36, Takeshita is believed to meet the limitations of the first embodiment, i.e. paragraph (i). The remaining embodiments have been excluded, since embodiments they are recited in the alternative. Similarly regarding claims 42 and 46, the limitations of the first embodiment are being read, and the remaining embodiments have been excluded. In addition, on page 7 of the answer, the examiner has provided the explanation that Applicant’s [sic] discloses two distinct subchannels in a facial surface of a heat exchange plate, where one only has a linear path and the other is a meandering path composed of plural linear paths and non-linear paths. Similarly, Takeshita discloses one subchannel having one linear path and the other subchannel composed of plural parallel linear paths fluidly connected by a perpendicular linear path. Therefore, Takeshita anticipates the claims when read in a similar convention as applicant’s subchannels. Since we find that the examiner’s understanding of both the disclosed invention and the invention as claimed (e.g., in 6Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007