Ex Parte JUDGE et al - Page 3




          Appeal No. 2003-0669                                                        
          Application 09/407,116                                                      


                                   THE REJECTION                                      
               Claims 1, 2, 4 through 12, 14 through 16 and 18 through 20             
          stand rejected under 35 U.S.C. § 103(a) as being unpatentable               
          over Daily in view of Onishi.                                               
               Attention is directed to the appellants’ main and reply                
          briefs (Paper Nos. 14 and 18) and to the examiner’s answer (Paper           
          No. 16) for the respective positions of the appellants and                  
          examiner regarding the merits of this rejection.2                           
                                     DISCUSSION                                       
               Daily, the examiner’s primary reference, discloses a heat              
          exchanger having the twin benefits of high heat transfer and low            
          fluid flow resistance.  The background discussion in the                    
          reference indicates that it is known to place various extended              
          surface forms along the walls of a heat exchange passageway to              
          disrupt laminar flow and create a degree of turbulence that                 
          enhances heat transfer.  This practice, however, suffers the                
          disadvantage of mechanically increasing the resistance to fluid             
          flow through the passageway (see column 1, lines 30 through 37).            


               2 The appellants’ treatment of claims 17 and 21 in the                 
          “Grouping of Claims” section of the main brief (see page 6) is              
          inconsistent with their status as a withdrawn claim and an                  
          unentered claim, respectively.  This Board has no authority to              
          reinstate and address claim 17 as requested by the appellants               
          (see page 5 in the reply brief).                                            
                                          3                                           




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