Appeal No. 1999-0404 Page 27
Application No. 08/580,256
improvement in terms of overall heat transfer coefficient
would be expected. 5
For the reasons set forth above, the decision of the
examiner to reject claim 9 under 35 U.S.C. § 103 is affirmed.
Claims 10 to 16
With regard to claims 10 to 14 and 16, as set forth above
with respect to claims 2 to 6, Chiang does not met the
limitations of these claims. Since the examiner has not
specifically found that the subject matter of these claims was
obvious under 35 U.S.C. § 103, we will not sustain the
rejection of claims 10 to 14 and 16 under 35 U.S.C. § 103.
With regard to claim 15, we will not sustain the
rejection of this claim under 35 U.S.C. § 103 for the reasons
set forth above with respect to claim 7.
REMAND
5Expected beneficial results are evidence of obviousness
just as unexpected beneficial results are evidence of
unobviousness. See In re Skoner, 517 F.2d 947, 950, 186 USPQ
80, 82 (CCPA 1975).
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