Appeal No. 98-1499 Application No. 08/392,493 in one embodiment of the heat exchanger of this invention, one heating fluid facial subchannel and one cooling fluid facial subchannel on a common facial surface of a plate can be mutually aligned in a first heat exchange relationship and the disclosure at page 10, lines 15-17, that the heating and cooling fluid subchannels on the common facial surface can each have a "linear" flow path. In contrast with the examiner’s determination quoted above from page 7 of the answer, we understand the claims on appeal to require, with regard to embodiment (i), that the first heating fluid facial subchannel set and the first cooling fluid facial subchannel set each have a linear flow path, that is, that the entirety of the flow path associated with each of the heating and cooling facial subchannel sets in the common facial surface of a heat exchange plate must be linear. Since we agree with appellant’s arguments on pages 4- 6 of the brief that Takeshita does not disclose or teach an arrangement of heating and cooling fluid facial subchannel sets which each have a linear flow path as required in the claims before us on appeal (i.e., what appellant and the examiner have each referred to as the "first embodiment"), we 9Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 NextLast modified: November 3, 2007