Ex Parte KATO et al - Page 1




               The opinion in support of the decision being entered                   
               today was not written for publication in a law journal                 
               and is not binding precedent of the Board.                             
                                                               Paper No. 23           


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                                                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                                                                     
                        Ex parte SOICHI KATO, MUNEO SAKURADA,                         
                     SHIN KURIHARA, SADAO HAIYA, TAKASHI SUGITA,                      
                         SHOJI AKIYAMA and TAKAHUMI UMEHARA                           
                                                                                     
                                Appeal No. 2004-0542                                  
                             Application No. 09/486,230                               
                                                                                     
                                      ON BRIEF                                        
                                                                                     
          Before KIMLIN, KRATZ and PAWLIKOWSKI, Administrative Patent                 
          Judges.                                                                     
          KIMLIN, Administrative Patent Judge.                                        


                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claim 8.                 
          Claims 1-3 and 6, the other claims remaining in the present                 
          application, stand withdrawn from consideration.  Claim 8 is                
          reproduced below:                                                           
               8.  A tube for a heat exchanger, comprising:                           
               a wall formed by at least one brazing sheet and having a               
          flat inner surface; and                                                     

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