Ex Parte Falta et al - Page 12

           Appeal 2006-1708                                                                         
           Application 10/186,253                                                                   

        1  corrugated air fin (101) is located between the opposed surfaces with the                
        2  corrugations comprising fin walls (111) diverging from and joined at a crest having      
        3  an interior radius ranging from 0.1 mm to 0.36 mm (Yamamoto, Fig. 10, col. 6, ll.        
        4  58-60, outer radius R minus t).  Each fin wall comprises a louver (103) having a         
        5  length (L) (L is equal to l of the claimed invention) ranging from 2.28 mm to 9.9        
        6  mm (Yamamoto, Fig. 6, col. 4, ll. 12-15).  Adjacent crests are separated by a pitch      
        7  (Yamamoto, col. 3, ll. 62-68) equal to 2.25 mm (Yamamoto, col. 7, ll. 6-7).  Four        
        8  times the radius (4r) is equal to 1.28 mm.  The corrugated fin has defined ranges:       
        9  0.1 mm < r < 0.36 mm, 0.76 < l/c < 0.99 and p > 4r (2.25 mm > 1.28 mm).                  
       10        Appellants contend that the rejection under 35 U.S.C. § 102(b) is improper         
       11  because Yamamoto does not disclose or suggest all of the limitations recited in the      
       12  claims.  More specifically, Appellants contend that Yamamoto fails to teach or           
       13  otherwise disclose V-shaped fin walls (Br. 14).  The Examiner contends                   
       14  Yamamoto discloses V-shaped fin walls according to the Appellants’ definition of         
       15  V-shaped (Answer 18).                                                                    
       16        The Appellants have clearly defined a V-shaped fin wall to be where the            
       17  pitch is more than four times the radius (p > 4r) and that a U-shaped fin wall is        
       18  where the pitch is equal to four times the radius (p = 4) (Specification 7:20-24,        
       19  8: 3-5, and 9:5-6; Br. 14:11-13 and 19:12-14).  Yamamoto discloses a pitch value         
       20  of p = 2.25 mm and a radius value ranging from r = 0.1 mm to r = 0.36 mm.                
       21  Yamamoto satisfies the limitation of p > 4r for both the upper and lower value for r     
       22  (2.25 mm > 0.4 mm; 2.25 mm > 1.28 mm).  Thus, we are not convinced of                    
       23  reversible error in the Examiner’s rejection of claim 2 over Yamamoto.                   




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