Appeal No. 1999-0404 Page 16
Application No. 08/580,256
the ribs are very similar to the appellants' disclosed angles
for the main grooves and the auxiliary grooves. This
similarity of structure would have led an artisan to conclude
that if the auxiliary grooves in the appellants' heat transfer
pipe are formed in a direction where a pressure gradient in
said heat transfer pipe is reduced then the notches in
Chiang's heat transfer tube are formed in a direction where a
pressure gradient in the heat transfer tube is reduced.
Additionally, since the direction of flow is not set forth in
the claim, it is readily apparent that in Chiang's heat
transfer tube in one direction of flow the pressure gradient
in the heat transfer tube would be reduced and in the other
direction of flow the pressure gradient in the heat transfer
tube would be increased. Thus, the limitation in claim 1 that
"said auxiliary grooves are formed in a direction where a
pressure gradient in said heat transfer pipe is reduced" is
inherently met by Chiang.
After the PTO establishes a prima facie case of
anticipation based on inherency, the burden shifts to the
appellants to prove
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