Ex Parte Falta et al - Page 7

           Appeal 2006-1708                                                                         
           Application 10/186,253                                                                   

        1  (20) are separated by a pitch (p) (Specification 6:13-16).  The V-shaped                 
        2  corrugation is determined by a series of defined ranges: 0 < r/c < 0.057, 0.89 < l/c     
        3  < 1.01, 0.29 < p/c < 0.43 (Specification 12:5-7), p > 4r (Specification 7:20-24, 8:      
        4  3-5 and 9:5-6; Br. (filed January 26, 2006) 14:1-2 and 18:9-18) and 0.25 mm < r <        
        5  0.058 mm (Specification 13:26-27).                                                       
        6                                                                                           
        7        We find that Beamer discloses a heat exchanger for maximizing fin                  
        8  efficiency by balancing pressure drop and heat transfer efficiency (Beamer, col. 5,      
        9  l. 61 to col. 6, l. 39) having parallel spaced, vertically oriented, flow tubes          
       10  separated by a distance (Beamer, Fig. 4; Beamer Decl. ¶¶ 2-6 and Exhibit 1).             
       11  Beamer discloses a corrugated air fin (Beamer, Fig. 4) located between the flow          
       12  tubes with corrugations comprising V-shaped fin walls (28) diverging from and            
       13  joined at a crest (30) having an interior radius (Beamer, col. 2, ll. 35-37).  Each fin  
       14  wall comprises a louver (34) having a length (Beamer Decl. ¶¶ 2-6 and Exhibit 1).        
       15  The V-shaped corrugation is disclosed as having values: r/c = 0.034, l/c = 0.89 and      
       16  p > 4r (Beamer, Fig. 4; Beamer Decl. ¶¶ 2-6 and Exhibit 1).                              
       17        We find that Haussmann discloses optimizing crest pitch (T) and tube               
       18  spacing (LH) in heat exchangers in order to maximize airside heat transfer               
       19  efficiency (Haussmann, Fig. 4, 6, and 7; col. 5, l. 65-col. 6, l. 3; col. 7, ll. 1-26).  
       20  Figure 7 shows pitches (T) ranging from 2-4 mm for a tube spacing (LH) of 9 mm.          
       21  Haussmann teaches a value for T/LH (equal to p/c of the claimed invention) of            
       22  0.22 < T/LH < 0.44.                                                                      
       23        Appellants contend that the rejection under 35 U.S.C. § 103(a) is improper         
       24  because Beamer in view of Haussmann fail to provide some suggestion or                   
       25  motivation to combine the reference teachings, fail to teach or suggest every            
       26  limitation of the claimed invention and lack a reasonable expectation of success.        

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