Appeal No. 98-1499
Application No. 08/392,493
will not sustain 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.2
It follows from our above determinations with regard to
Takeshita that we will likewise not sustain the examiner’s
rejection of dependent claims 20 through 26, 28 through 32, 43
and 45 under 35 U.S.C. § 103 as being unpatentable over
Takeshita alone. Moreover, after reviewing the teachings of
Kawaharada, we will also not sustain the examiner’s rejection
of claims 5, 6, 12, 13, 34 and 39 under 35 U.S.C. § 103 as
being unpatentable over Takeshita in view of Kawaharada.
Simply stated, Kawaharada does not supply that which we have
noted above to be lacking in Takeshita, since Kawaharada shows
both the heating and cooling fluid facial subchannel sets in
each heat exchange plate (10) therein as being nonlinear.
2In evaluating the claimed subject matter before us on
appeal, we have construed the term "set" in accordance with
its common dictionary definition as being a collection of two
or more objects or articles to be used together.
10
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