Appeal No. 1998-1081
Application No. 08/462,202
deficiencies in the factual basis of the rejection before us.
In re Warner, 379 F.2d 1011, 1017, 154 USPQ 173, 178 (CCPA
1967), cert. denied, 389 U.S. 1057 (1968), rehearing denied,
390 U.S. 1000 (1968).
We are further of the opinion that, as asserted by
Appellant, even assuming, arguendo, that if proper motivation
were established for the Examiner’s proposed combination, the
resulting system would fall far short of meeting the specific
requirements of the claims on appeal. The appealed claims set
forth a specific structural relationship between the fluid-
carrying conduit and the surfaces of the housing wall. The
Examiner has provided no indication as to how and where
the skilled artisan might have found it obvious to modify
the teachings of Bone and Molitor to arrive at the specifics
of the language of the various appealed claims which require
either that the fluid conduit wall be distinct from the
housing wall and embedded therein, or that the fluid conduit
be disposed between the inner and outer surfaces of the
housing wall. The mere fact that the prior art may be
modified in the manner suggested by the Examiner does not make
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