Ex Parte Otter - Page 12


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

         on the surfaces of a plurality of flow passages of a heat                  
         exchanger.                                                                 
              For this reason, we cannot affirm this ground of rejection.           


                                      Summary                                       
              In summary, we affirm the examiner’s rejection under 35               
         U.S.C. § 102(b) of appealed claims 1 through 3, 7, 8, 11, 18,              
         28, and 30 as anticipated by Erwin.  We reverse, however, the              
         rejections under 35 U.S.C. § 103(a) of: claim 19 as unpatentable           
         over Erwin; claim 20 as unpatentable over Erwin in view of                 
         Lowenstein; and claims 1, 5, 6, 12 through 17, 21 through 27,              
         and 29 as unpatentable over the appellant’s admitted prior art             
         in view of Ogawa.                                                          
              The decision of the examiner is therefore affirmed in part.           

















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