Ex parte SANO et al. - Page 12




          Appeal No. 1999-1778                                                        
          Application No. 08/888,365                                                  



          Han.  Claims 27 and 28 depend from claims 24 and 26,                        
          respectively, and                                                           
          stand rejected as being unpatentable over Fujimoto in view of               
          Booth, Onishi, Symposium and Han.                                           
               With respect to claim 26, this claim, because of its                   
          dependency on claim 11, requires that the heat exchanger tube of            
          the heat exchanger includes a convex portion and inner fins that            
          are asymmetrical.  In that the reference to Han additionally                
          relied upon by the examiner in the rejection of this claim does             
          not make up for the deficiencies of Fujimoto, Booth and Onishi              
          in this respect, the rejection of claim 26 cannot be sustained.             
               Moreover, each of claims 26-28 calls for a refrigerating               
          circuit capable of operating in a heating mode or a cooling mode            
          and including a heat exchanger wherein, in the heating mode, the            
          heat exchanger functions as an evaporator and the flow                      
          resistance therethrough is low, and, in the cooling mode, the               
          heat exchanger functions as a condenser and the flow resistance             
          therethrough is high.  Thus, these claims tie the mode of                   
          operation of the circuit and the corresponding functioning of               
          the heat exchanger to flow resistance through the heat                      

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