Ex Parte Clemens - Page 8



                Appeal 2007-0102                                                                                 
                Application 10/338,988                                                                           

                length of the projections is approximately equal to the length of the lamella                    
                element.”  We appreciate that Figure 2 of Kawate shows several projections                       
                along the forward and rearward edges of the terminal plates or radiator                          
                sheets and that the individual lengths for each of the individual projections is                 
                less than the length of the heat transfer member or lamella element.                             
                However, the cumulative length of the projections at the respective forward                      
                and rearward edges is equal to the length of the heat transfer member or                         
                lamella element as clearly shown in Figure 2.  Significantly, the language of                    
                claim 1 encompasses plural projections along each edge wherein the first                         
                length comprises the cumulative lengths of these plural projections as shown                     
                in Kawate’s Figure 2.  For analogous reasons, we are unpersuaded by the                          
                Appellant’s argument that claim 3 distinguishes over Kawate via the                              
                recitation “wherein the first length of the projections is equal to the                          
                respective edge length.”                                                                         
                       Finally, we are unconvinced by the Appellant’s contention that the                        
                Kawate patent contains no teaching or suggestion of the claim 16 steps                           
                “forming a slightly opened U-sheet by folding the projections; and inserting                     
                said at least one lamella element into the U-like sheet.”  According to the                      
                Appellant: “The projections of Kawate . . . are bent alternately slightly up or                  
                down after assembly of this heater module.  See Kawate, col. 5, lines 1-5.”                      
                (Br. 12-13).  However, Kawate’s disclosure at lines 1-5 in column 5 does not                     
                teach that the projections are bent “after assembly” (id., emphasis added).                      
                Instead, Kawate is silent as to whether the projections are bent before or                       

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