Appeal No. 1998-1425
Application No. 08/437,808
and are reproduced in the appendix of appellants' brief.
The prior art applied in the final rejection is:
Kawase 4,852,233 Aug. 1,
1989
The admitted prior art disclosed in appellants' application
(AAPA).1
Claims 1 and 2 stand finally rejected under 35 U.S.C.
§ 103(a) as unpatentable over AAPA in view of Kawase.
The basis of the rejection, as stated on page 2 of the
final rejection (Paper No. 6), is:
AAPA teaches a method of making a heat exchanger
essentially as claimed but lacking a teaching of applying
the flux in the manner as claimed. AAPA does teach
applying flux to all of the surfaces, just not in the
same spraying manner. Kawase teaches applying a coating
to heat exchangers of the same type as claimed, however
the material applied is zinc rather than flux. However,
it is applied in the same manner as claimed for the same
purpose as claimed, i.e., uniform coverage. It would
have been obvious to one of ordinary skill in the art at
the time the invention was made to modify the method as
1The examiner does not identify any particular portions
of the application as constituting the AAPA; presumably she
intended to refer to the "Background of the Invention" section
on pages 1 and 2, as well as Figs. 9 and 10 (which are not
labeled "Prior Art" as required by Manual of Patent Examining
Procedure
§ 608.02(g)).
2
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