Appeal No. 2003-2113 Page 3
Application No. 09/712,582
Claim 6 stands rejected under 35 U.S.C. § 103 as being unpatentable over Sun
in view of Tanzer, Groll and Obukhov.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the above-noted rejections, we make reference to the answer
(Paper No. 14, mailed February 25, 2003) for the examiner's complete reasoning in
support of the rejections, and to the brief (Paper No. 13, filed December 2, 2002) for the
appellants' arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellants' specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellants and the examiner. As a consequence
of our review, we make the determinations which follow.
The claims under appeal read as follows:
3. A plate type heat pipe, comprising:
an extruded pipe having two ends and having a plurality of through holes
defined by a plurality of longitudinally extending partition walls having portions
removed at the ends of said pipe;
a working fluid received in said pipe;
two end caps, one positioned at each end of said pipe to hermetically seal
said pipe, the working fluid in one through hole communicating with the working
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