Ex parte DALL'ORO et al. - Page 5




                 Appeal No. 2001-0707                                                                                     Page 5                        
                 Application No. 09/068,526                                                                                                             


                          serpentine configuration (103) and being attached to said                                                                     
                          straight pipe sections (203) thereof, and                                                                                     
                                   (c) bending the flat serpentine configuration (103)                                                                  
                          and wires (303) attached to it about an axis or axes                                                                          
                          corresponding to one or more of said straight pipe                                                                            
                          sections (203).                                                                                                               


                          The teachings of the applied prior art are adequately set                                                                     
                 forth in the brief (pp. 4-5) and the answer (pp. 3-4).  We                                                                             
                 agree with the examiner that Young teaches and/or suggests all                                                                         
                 the limitations of claim 1 except for the step (c) (i.e.,                                                                              
                 bending the flat serpentine configuration and wires attached                                                                           
                 to it about an axis or axes corresponding to one or more of                                                                            
                 said straight pipe sections).  We do not agree with the                                                                                
                 examiner that the teachings of Thomas would have made it                                                                               
                 obvious at the time the invention was made to a person of                                                                              
                 ordinary skill in the art to have modified Young's method for                                                                          
                 building a serpentine heat exchanger to arrive at the claimed                                                                          
                 method.      2                                                                                                                         



                          2We note that in the rejection before us in this appeal,                                                                      
                 the examiner determined (answer, p. 4) only that it would have                                                                         
                 been obvious that the tubing coil of Young could be bent as                                                                            
                 claimed rather than it would have been obvious that the tubing                                                                         
                 coil of Young would have been bent as claimed.                                                                                         







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