Ex parte DUGAN - Page 9




          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               
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