Ex Parte Otter - Page 11


         Appeal No. 2004-1125                                                       
         Application No. 09/923,998                                                 

                       III. Claim 20: 35 U.S.C. § 103(a) over                       
                            Erwin in View of Lowenstein                             
              The examiner’s basic position is that Lowenstein teaches              
         polyetheretherketone as a coating on the surface of heat                   
         exchangers and that its use in Erwin would have been obvious to            
         one of ordinary skill in the art.  (Final Office action, page              
         4.)                                                                        
              We disagree.  Nothing in Lowenstein suggests that                     
         polyetheretherketone and fluorocarbon would be interchangeable             
         for the purpose described in Erwin.                                        
              Accordingly, we cannot affirm.                                        


                IV. Claims 1, 5, 6, 12-17, 21-27, & 29: 35 U.S.C. §                 
                103(a) over the Admitted Prior Art in View of Ogawa                 
              The examiner admits that the admitted prior art does not              
         disclose a heat exchanger component having the recited coating             
         but that Ogawa provides the motivation to apply a monomolecular            
         coating on the heat exchanger surfaces of the admitted prior art           
         “in order to provide a longer lasting device through the strong            
         adhesion to the substrate so that the cost of maintenance is               
         reduced.”  (Final Office action, page 5.)                                  
              Again, we cannot agree with the examiner.  Nothing in Ogawa           
         suggests the desirability of applying the here recited coating             



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