Appeal No. 2004-0616
Application 09/692,982
would perform the invention as claimed by the
applicant (answer, page 7).
For the same reasons we found this type of unsupported
assertion by the examiner to be unpersuasive of obviousness under
35 U.S.C. § 103 in the rejection involving Ripka, supra, we find
it equally unpersuasive here. Although it is clear that there
must be some form of transition region between the generally
circular flow passageway (12) and the wavy configuration portion
(50) of the flow passageway (14) seen in Figures 1 and 3 of
Reinke, we find no particular disclosure in this patent
concerning any details of such a transition region, the need for
such a transition to occur in a gradual manner, and nothing
whatsoever concerning a length or range of lengths for such a
transition region which would be like that claimed by appellants.
As for the examiner’s attempt on page 10 of the answer to
selectively import dimensional features of the heat exchanger of
Chase into the structurally different heat exchanger of Reinke,
we find no basis for such assumption or the examiner’s consequent
speculation concerning the length of the transition region of
Reinke being 1/3 to 1/4 of 18.5 inches, i.e., the overall length
(L2) of the heat exchanger in Chase.
12
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