Ex parte GEIGER - Page 7




          Appeal No. 1999-0074                                                        
          Application No. 08/401,347                                                  


          clamping flange of the tank.  In light of these deficiencies                
          in the examiner’s evidence of obviousness, we must conclude                 
          that there is no factual basis for the examiner’s position                  
          that it would have been obvious to provide a “unitary” flat                 
          torque tank plate in Jackson’s radiator assembly, as called                 
          for in the independent claims on appeal.  This constitutes a                
          first reason necessitating reversal of the examiner’s                       
          rejection.                                                                  
               In addition, we do not consider that the compression                   
          strap arrangement 28 of Jackson comprises “a unitary, flat                  
          header torque plate extending continuously about the entire                 
          perimeter of  one end of said radiator . . . in mating                      
          relationship with [the] header flange” as called for in each                
          of claims 1 and 16.  Rather, we perceive Jackson as providing               
          a first compression strap 28 positioned along the front face                
          of the radiator core and a second compression strap 28                      
          positioned along the rear face of the radiator core.                        
          Likewise, we do not consider that the header flange 20 of                   
          Jackson extends “continuously about the entire perimeter of                 
          one end of . . . [the] radiator core” as called for in the                  
          independent claims on appeal, but that instead, it merely                   
                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007