Appeal No. 1999-1778
Application No. 08/888,365
in the subject matter of claim 1. In this regard, even looking
at Booth in a light most favorable to the examiner, that is, as
showing that it is generally known in the heat exchanger art to
provide internally ribbed heat exchanger tubes with asymmetrical
fins, the rejection is not sustainable. This is so because, as
best, Booth would have suggested that one of Fujimoto’s internal
formations, either the convex portions (6) or the fins (7),
might be asymmetrical. In contrast, claim 1 calls for both the
convex portion and the fins to be asymmetrical.
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