Ex parte ITOH et al. - Page 23




          Appeal No. 1999-0404                                      Page 23           
          Application No. 08/580,256                                                  


          in at least one of a condenser and an evaporator of a                       
          refrigerating apparatus comprising a refrigerating cycle using              
          a refrigerant mixture flowing through the condenser and the                 
          evaporator.                                                                 


               With regard to this difference, the examiner determined                
          (answer, p. 6) that it would have been obvious at the time the              
          invention was made to a person having ordinary skill in the                 
          art to employ the heat transfer tube of Chiang in a                         
          refrigerating apparatus comprising a refrigerating cycle using              
          a refrigerant mixture flowing through a condenser and an                    
          evaporator as disclosed in the known prior art.  We agree.                  


               The arguments advanced by the appellants in their brief                
          and reply brief are unpersuasive for the reasons set forth                  
          above with respect to claim 1 and the following reasons.                    


               First, the combined teachings of the applied prior art                 
          would have suggested the claimed invention to one of ordinary               
          skill in the art for the reason set forth above.  We note that              









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