Ex parte GUPTE et al. - Page 2




                 Appeal No. 1999-0280                                                                                                                   
                 Application 08/672,383                                                                                                                 



                 transfer tube for a heat exchanger.  The tube has external fin                                                                         
                 con-volutions disposed helically around thereabout with the                                                                            
                 fin convolutions cut at an angle by notches.  The angle of the                                                                         
                 base of the notches is at an oblique angle with respect to the                                                                         
                 longitudinal axis of the tube and ranges between 40 and 70                                                                             
                 degrees.                                                                                                                               
                          The claimed subject matter may be further understood by                                                                       
                 reference to the appealed claims appended to appellants'                                                                               
                 brief.                                                                                                                                 
                          The references of record relied upon as evidence of                                                                           
                 obviousness are:                                                                                                                       
                 Chiang et al. (Chiang)                                         5,203,404                           Apr. 20,                            
                 1993                                                                                                                                   
                 Kouda et al.          1                                        3-234302                   Oct. 18, 1991                                
                 (Japanese Patent)                                                                                                                      
                                                                THE REJECTION                                                                           
                          Claims 1, 3 and 4 stand rejected under 35 U.S.C. § 103 as                                                                     
                 unpatentable over Chiang in view of Kouda.  According to the                                                                           
                 examiner, since Chiang's ribs or fins are helical, they, by                                                                            

                          1Our understanding of the Japanese reference is via an                                                                        
                 apparent English language equivalent, Patent No. 5,052,476 to                                                                          
                 Sukumoda et al. (Sukumoda).                                                                                                            
                                                                           2                                                                            





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