Appeal No. 1999-0046
Application No. 08/442,103
As a preliminary matter, we observe that independent
claim 34 calls for at least one bundle of plural tubes, “the
at least one bundle [of plural tubes] being of equal length
and of similar cross-section,” and plural distribution canals
connected to the at least one bundle of tubes, “the
distribution canals being of equal length and of similar
cross-section as the plural tubes” (emphasis added).
Consistent with appellants’ disclosure, we interpret this
claim language as meaning that the plural tubes of the at
least one bundle have the characteristic of being of equal
length and similar cross-section, and that the distribution
canals likewise have the characteristic of being of equal
length and similar cross-section.4
examiner to amend the drawings to illustrate features called
for in claims 56 and 57. Matters within the examiner’s
discretion, such as objections to the drawings, are not
subject to our review. Rather, such matters may be resolved
by petition to the Commissioner under 37 CFR § 1.181.
4Appellants’ statement that claim 34, points out that
“the distribution canals and the plural tubes all have equal
lengths and similar cross-sections” (main brief, page 13;
emphasis added) is noted. To the extent this statement
represents appellants’ opinion that claim 34 requires that the
plural tubes and distribution canals are all of equal length
and similar cross-section, we simply do not agree.
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