Appeal No. 2004-0542
Application No. 09/486,230
a plurality of beads provided in the flat inner surface of
the wall, each of the beads extending continuously in a
longitudinal direction of the tube and having a top brazed with a
top of an opposed bead, the tops of the beads being crushed
against each other such that the crushed tops successively extend
in the longitudinal direction, thereby enlarging a brazed area
between the tops of the beads.
In the rejection of the appealed claim, the examiner relies
upon the following reference:
French 3,750,709 Aug. 7, 1973
Appellants' claimed invention is directed to a tube for a
heat exchanger comprising a plurality of beads on the inner
surface of the wall that are crushed against each other. The
crushed tops of the beads extend continuously in the longitudinal
direction of the tube. According to appellants, the brazed area
of the tube "is long as well as enlarged, resulting in the firm
brazing between the beads" (page 4 of principal brief, first
paragraph).
Appealed claim 8 stands rejected under 35 U.S.C. § 112,
first paragraph, description requirement. Claim 8 also stands
rejected under 35 U.S.C. § 102(b) as being anticipated by French.
Upon careful consideration of the opposing arguments
presented on appeal, we will not sustain the examiner's
rejections.
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