Ex parte ITOH et al. - Page 11




          Appeal No. 1999-0404                                      Page 11           
          Application No. 08/580,256                                                  


               and preferably less than eight degrees;                                
               e. the ratio between the interval between notches in a                 
               rib and the tube inner diameter should be between 0.025                
               and 0.1, or                                                            
                    0.025#S /D [sic, D ]#0.1;n i       2                                                
               f. the angle between the opposite faces of a notch should              
               be less than 90 degrees, or                                            
                    (<90°; and                                                        
               g. the notch depth should be at least 40 percent of the                
               rib height, or                                                         
                    D /H #0.4.                                                        
                     n r                                                              


               The examiner regarded (answer, p. 4) the recitation "for               
          a condenser and an evaporator in a refrigerating cycle using a              
          refrigerant mixture" to be a statement of intended use and was              
          not given any patentable weight.  As to the limitation that                 
          "said auxiliary grooves are formed in a direction where a                   
          pressure gradient in said heat transfer pipe is reduced," the               
          examiner stated (answer, p. 6) that the notches of Chiang                   
          inherently are formed in a direction where a pressure                       
          gradient in the heat transfer tube is reduced.  The remaining               
          limitations of claim 1 were considered by the examiner to be                
          clearly met by Chiang.                                                      







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