Ex parte SPENCER - Page 7




                  Appeal No. 1999-2182                                                                                        Page 7                      
                  Application No. 08/710,704                                                                                                              


                  16 also is not sustained.  In addition, with regard to claim 14, the examiner has provided                                              
                  no evidence in support of his conclusion that the fins recited in claim 14 would have been                                              
                  an obvious matter of design choice.                                                                                                     
                                                                  CONCLUSION                                                                              
                           To summarize, the rejection is not sustained, and the decision of the examiner is                                              
                  REVERSED.                                                                                                                               
                                                                    REVERSED                                                                              



                                             IAN A. CALVERT                                        )                                                      
                                             Administrative Patent Judge                           )                                                      
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                                                                                                   ) BOARD OF PATENT                                      
                                             NEAL E. ABRAMS                                        )     APPEALS                                          
                                             Administrative Patent Judge                           )       AND                                            
                                                                                                   )  INTERFERENCES                                       
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                                                                                                   )                                                      
                                             JEFFREY V. NASE                                       )                                                      
                                             Administrative Patent Judge                           )                                                      















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