Ex parte DUGAN - Page 6




          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              

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