Appeal No. 98-1499
Application No. 08/392,493
paragraph (i) of independent claims 1, 36, 42 and 46, and in
independent claim 47) is based on a misconception concerning
the nature of the heating and cooling fluid subchannel sets in
the face of each heat exchange plate, and that such error has
led to an inappropriate rejection of claims 1, 27, 36, 42, 44,
46 and 47 under 35 U.S.C. § 102(b) based on Takeshita, we will
not sustain this rejection.
Each of the claims on appeal define a heat exchanger
which includes a heat exchange plate or a plurality of heat
exchange plates, wherein each of the plates has a front facial
surface and (A) a first heating fluid facial subchannel set
comprising at least one heating fluid facial subchannel and
(B) a first cooling fluid facial subchannel set comprising at
least one cooling fluid facial subchannel, with the first
heating fluid facial subchannel set and the first cooling
fluid facial subchannel set being mutually aligned in a first
heat exchange relationship on the common facial surface. The
claims on appeal further set forth with regard to one
embodiment covered thereby (e.g., (i) of claims 1, 36, 42 and
46) that said first heating fluid facial subchannel set and
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