Ex Parte Pelonis - Page 2



          Appeal No. 2005-2052                                                        
          Application No. 09/996,842                                                  

          tubular units to enhance thermal convection of the diathermal               
          fluid within the tubular radiator units.                                    
               The examiner relies upon the following references as                   
          evidence of unpatentability:                                                
          Woolley                     2,075,323             Mar. 30, 1937             
          De’Longhi                   4,870,253             Sep. 26, 1989             
               Claims 1 through 7 stand rejected under 35 U.S.C. § 103 as             
          being obvious over De’Longhi in view of Woolley.                            
               On page 3 of the brief, appellants group the claims                    
          together.  We therefore consider claim 1 in this appeal.  See 37            
          CFR § 41.37(c)(1)(vii)(September 2004); formerly 37 CFR                     
          § 1.192(c)(7)(2003).  Also see Ex parte Schier, 21 USPQ2d 1016,             
          1018 (Bd. Pat. App. & Int. 1991).                                           
               We have carefully considered appellants’ brief1, the                   
          examiner’s answer, and the evidence of record.  This review has             
          led us to conclude that the examiner’s rejection is well                    
          founded.                                                                    










                                                                                     
          1 We use the Supplemental Appeal Brief filed on July 16, 2004.              
                                          2                                           


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