Ex parte KATO et al. - Page 3




          Appeal No. 1998-1425                                                        
          Application No. 08/437,808                                                  


               taught by AAPA by applying the flux in the manner claimed              
               since this manner of application is old and well known in              
               the heat exchanger art for the purpose of uniform                      
               application.                                                           
          The examiner further states on pages 4 and 5 of the answer:                 
               The only step which is missing from AAPA is the                        
               step of applying the coating by spraying.  AAPA                        
               teaches  applying the coating by brushing of                           
               rolling.  Kawase is used to teach only this,                           
               applying the coating to a tube by spraying.  The                       
               particular direction the spray is facing and the                       
               tube parts are facing would clearly be a matter of                     
               mechanics, i.e., what direction is easiest for the                     
               application.  This would be true whether the method                    
               were by brush, roll, or spraying.                                      
               After fully considering the record in light of the                     
          arguments                                                                   
          presented in appellants' brief and reply brief, and in the                  
          examiner's answer, we conclude that claims 1 and 2 are                      
          patentable over the applied prior art.                                      
               As a general proposition, we consider that it would have               
          been obvious, in view of the AAPA's disclosure of applying                  
          flux by brushing or rolling, to apply flux to the plate                     
          material from which the tubes are to be formed by spraying,                 
          spraying being a notoriously well known method of applying a                




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