Ex parte SANO et al. - Page 1




                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                      
               The opinion in support of the decision being entered today (1) was     
               not written for publication in a law journal and (2) is not binding    
               precedent of the Board.                                                
                                                            Paper No. 25              
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                                 Ex parte TETSUO SANO,                                
                                 HIDEAKI MOTOHASHI, AND                               
                                   KOKICHI FURUHAMA                                   
                                     ____________                                     
                                 Appeal No. 1999-1778                                 
                              Application No. 08/888,365                              
                                     ____________                                     
                                HEARD: January 27, 2000                               
                                     ____________                                     

          Before STAAB, NASE AND GONZALES, Administrative Patent Judges.              
          STAAB, Administrative Patent Judge.                                         



               This is an appeal from the examiner’s decision twice                   
          rejecting claims 1, 2, 4-7, 9-11, 13-15 and 24-28.  Claims 16-              
          23, the only other claims remaining in the application, have                
          been withdrawn from consideration pursuant to 37 CFR § 1.142(b)             
          as not readable on the elected invention.                                   
               Appellants’ invention pertains to heat exchanger tubes used            
          in the construction of heat exchangers.  More particularly, the             





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