Ex Parte JUDGE et al - Page 5




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


               drop of the fluid [column 1, line 58, through column 2,                
               line 21].                                                              
               The examiner concedes (see page 4 in the answer) that Daily            
          lacks response to the limitations in independent claim 1, and the           
          corresponding limitations in independent claims 10, 15 and 18,              
          relating to the surface irregularities.  As indicated above,                
          claim 1 requires a tube including an inner surface with surface             
          irregularities having sharp points.  Similarly, claim 10 requires           
          a plurality of tubes each having an irregular inner surface                 
          having sharp points, claim 15 requires a tube and an electrode              
          wherein one of the inner surface of the tube and the outer                  
          surface of the electrode includes surface irregularities having             
          sharp points, and claim 18 requires the step of providing surface           
          irregularities having sharp points on one of the inner surface of           
          a tube and the outer surface of an electrode.  To overcome the              
          acknowledged shortcomings of Daily relative to these claim                  
          limitations, the examiner turns to Onishi.                                  
               Onishi discloses an air conditioning heat exchanger capable            
          of functioning as either an evaporator or a condenser for                   
          transferring heat between a refrigerant flowing through heat                
          transfer tubes 1 and air flowing outside the tubes.  The inner              
          walls of the tubes embody a multiplicity of crossing spiral                 



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