Ex parte SABATHIE - Page 10




          Appeal No. 2000-1332                                                        
          Application No. 08/793,242                                                  


            does not cure the foregoing deficiencies of the basic                     
            Yamaguchi-Cribari combination with respect to parent                      
            claim 10.                                                                 


                 We shall sustain, however, the standing 35 U.S.C.                    
            § 103(a) rejection of independent claim 11 as being                       
            unpatentable over Yamaguchi in view of Cribari.                           


                 The heat exchanger disclosed by Yamaguchi meets all                  
            of the limitations in claim 11 except for those requiring                 
            the tubular wall to be "deformed in two regions of its                    
            perimeter distinct from the region in which said [tube]                   
            openings are formed to immobilize each of said                            
            partitions, said two regions being disposed approximately                 
            symmetrically with each other with respect to an axial                    
            plane of the tubular wall passing through said openings."                 
            As indicated above, Yamaguchi does not specify the nature                 
            of the press-generated deformations which fix the                         
            positions of the plugs and partitions in the header                       
            pipes.  Nonetheless, Cribari's disclosure that localized,                 
            symmetrically-disposed, deformed regions or "dimples" 24                  
                                          10                                          





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