Ex Parte Rottmann

Patent Trial and Appeal Board

Jul 29, 2016

11122562 (P.T.A.B. Jul. 29, 2016)

UNITED STA TES p A TENT AND TRADEMARK OFFICE
APPLICATION NO. FILING DATE
111122,562 0510412005
26712 7590 08/02/2016
HODGSON RUSS LLP
THE GUARANTY BUILDING
140 PEARL STREET
SUITE 100
BUFFALO, NY 14202-4040
FIRST NAMED INVENTOR
Edward G. Rottmann
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www .uspto.gov
ATTORNEY DOCKET NO. CONFIRMATION NO.
021083.00055 5508
EXAMINER
IP,SIKYIN
ART UNIT PAPER NUMBER
1735
NOTIFICATION DATE DELIVERY MODE
08/02/2016 ELECTRONIC
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
following e-mail address( es):
ipdocketing@hodgsonruss.com
PTOL-90A (Rev. 04/07)
UNITED STATES PATENT AND TRADEMARK OFFICE
BEFORE THE PATENT TRIAL AND APPEAL BOARD
Ex parte EDWARD G. ROTTMANN1
Appeal2015-000354
Application 11/122,562
Technology Center 1700
Before CHUNG K. PAK, CHRISTOPHER L. OGDEN, and
BRIAND. RANGE, Administrative Patent Judges.
OGDEN, Administrative Patent Judge.
DECISION ON APPEAL
Appellant appeals under 35 U.S.C. § 134(a) from the Examiner's final
decision rejecting claims 11, 12, and 27-29 in the above-identified
application. We have jurisdiction pursuant to 35 U.S.C. § 6(b).
We AFFIRM.
1 According to the Appeal Brief, LUVATA ESPOO OY is the real party in
interest. Appeal Br. 2.
Appeal2015-000354
Application 11/122,562
BACKGROUND
Appellant's invention relates to "corrosion resistant heat transfer tubes
for use in air conditioning and refrigeration systems." Spec. 1: 12-13. Claim
11 is representative:
11. A heat transfer tube for preventing formicary
corrosion, the tube comprising a tin brass alloy, wherein
the tin brass alloy consists of between 86.0% and 90.0%
copper, between 0.8% and 1.4% tin, no more than 0.05%
lead, no more than 0.05% iron, no more than 0.35%
phosphorus, and the remainder zinc.
Appeal Br. 18. Independent claims 12 and 27-29 contain similar
limitations.
The Examiner rejects claims 11, 12, and 27-29 under 35 U.S.C.
§ 103(a) as being obvious over either Patent App. No. JP 5195116 A
[hereinafter Komata] (published Aug. 3, 1993) or Patent Pub. No. JP 02-
43335 A [hereinafter Yamaguchi] (published Feb. 13, 1990). Final Action
2--4.
In the Appeal Brief, Appellant argues the claims as a group. See
Appeal Br. 4--10; see also Answer 5. Therefore, consistent with the
provisions of 37 C.F.R. § 41.37(c)(l)(iv) (2013), we limit our discussion to
claim 11, and all other claims stand or fall together with claim 11.
DISCUSSION
The Examiner finds that both Kenichi and Yamaguchi describe a heat
transfer tube material containing combinations of elements within ranges
similar to the ranges in claim 11. See Final Action 2--4. The Examiner's
findings regarding these ranges are summarized in the following table:
2
Appeal2015-000354
Application 11/122,562
I Wt.~/~ 1\ppesded daim I JP5l851 rn
i 1 l<.Ot'fl