Ex parte KATO et al. - Page 1






                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                      
          The opinion in support of the decision being entered today                  
          (1) was not written for publication in a law journal and                    
          (2) is not binding precedent of the Board.                                  
                                                            Paper No. 17              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                    
                                    _____________                                     
                       Ex parte SOICHI KATO and TAKASHI SUGITA                        
                                    _____________                                     
                                Appeal No. 1998-1425                                  
                               Application 08/437,808                                 
                                   ______________                                     
                                      ON BRIEF                                        
                                   _______________                                    

          Before CALVERT, FRANKFORT, and GONZALES, Administrative Patent              
          Judges.                                                                     
          CALVERT, Administrative Patent Judge.                                       

                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 1                 
          and 2, all the claims in the application.                                   
               The claims on appeal are drawn to a method of                          
          manufacturing flat tubes for a tube-stacking heat exchanger,                

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