Appeal No. 1999-0404 Page 3
Application No. 08/580,256
BACKGROUND
The appellants' invention relates to a heat exchanger
used for refrigerators and air conditioners using a
refrigerant mixture as an operating fluid (specification, p.
1). A copy of the claims under appeal is set forth in the
appendix to the appellants' brief.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Chiang et al. 5,458,191 Oct. 17, 1995
(Chiang) (filed July 11, 1994)
Kenkyujo 1,001,630 Aug. 18, 1965
(Great Britain)
In addition, the examiner also relied upon known prior
art (Jepson format of claim 9).
Claims 1 to 6 stand rejected under 35 U.S.C. § 102(a) as 2
being anticipated by Chiang.
2It would appear to us that this rejection is more
appropriately based upon 35 U.S.C. § 102(e).
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