Ex parte DIESCH - Page 2




          Appeal No. 98-3287                                                          
          Reissue Application 08/354,624                                              


          final rejection of claims 1 through 23 in this reissue                      
          application of Patent No. 5,094,224.  These claims constitute               
          all of the claims pending in this application.                              


               Appellant's invention relates to a heat exchanger tube                 
          for a furnace.  An understanding of the invention can be                    
          derived from a reading of exemplary claims 1, 7 and 19 which                
          have been reproduced in the "Appendix" to appellant's Brief                 
          (Paper No. 16).2                                                            
                                   THE REFERENCES                                     
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Tomlinson                     4,739,746                     Apr.            
          26, 1988                                                                    
          Thomae                   3,413,999                     Nov. 07,             
          1985    (German Patent)3                                                    

                                   THE REJECTIONS                                     
               The following rejections are before us for review:                     


               We note the following error in claim 19 as reproduced in the2                                                                     
          "Appendix": line 13, --of-- should be inserted after "each."                
               Our consideration of this reference is based on an English translation3                                                                     
          thereof, a copy of which is provided to appellant with this decision.       
                                          2                                           





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