Appeal No. 98-3287
Reissue Application 08/354,624
and enhanced portions must be in order to be considered "a
substantial axial portion of said elongated tube." In fact,
the specification as filed does not even state that the flue
and enhanced portions extend a substantial axial portion of
the elongated tube. Thus, the only disclosure concerning the
lengths of the flue and enhanced portions is found in the
application drawings.
However, like the specification, appellant’s drawings
offer no meaningful guidance to determine what percentage of
the total length of the elongated tube the flue and enhanced
portions must be in order to be considered a substantial axial
portion of the elongated tube. In the embodiment illustrated
in Figures 1-3, the tube 22 includes flue portion 30, bend
portion 32 and enhanced portion 34. In Figure 18, the tube 50
includes flue
portion 56, bend portion 58 and enhanced portion 60. In each
of
the illustrated embodiments, the flue portion extends less
than
5
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