Appeal No. 98-1947
Application 08/431,702
expedient in view of the “elliptical” shaped stress
relieving shape disclosed in Young et al. (‘239)
which does not produce any new and/or unexpected
result or solve any stated problem relative to the
known apparatus.”
Like appellants (brief, pages 5-6), we note that page 7,
lines 25-28, of appellants’ specification indicates that the
Z-shaped apertures in the side supports of the heat exchanger
produce a greater shearing area and thus require less
tolerance during the shearing process. As further explained
on pages 5-6 of the brief,
“The leg portions offer more longitudinal
length for a shear punch to contact the side support
flange than does an elliptical aperture. The
longitudinal length of the aperture along the flange
(and parallel to the longitudinal axis of the side
support) in the ‘239 patent is only approximately
equal to the width of the aperture. By employing a
“Z-shaped stress relieving zone” with longitudinal
leg portions as shown above (and claimed in
dependent claim 2 and independent claim 4), the
punch used to shear the side supports can contact
the side support area over a wider area of contact,
thus increasing the allowable tolerances to fracture
the side support, without making the width of the
slot so large as to weaken the side support prior to
fracturing.”
It follows from the foregoing, that the examiner’s
position that the Z-shaped apertures do not produce any new
and/or unexpected result or solve any stated problem relative
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