Ex parte PRICE et al. - Page 4




          Appeal No. 97-2414                                                          
          Application 08/417,303                                                      


          anticipated by Valyi.  On page 3 of the examiner’s answer, the              
          examiner explains this new ground of rejection thusly:                      
               Valyi discloses a cold plate comprising a plurality                    
               of fluid passages 175 (col. 6, lines 3-13) having a                    
               common cooling fluid inlet region 179 and a common                     
               cooling fluid outlet region 178 and a metallic                         
               porous matrix 177 filling each of the fluid passages                   
               between the fluid inlet region and the fluid outlet                    
               region to maintain a uniform pressure differential                     
               (col. 1, lines 48+) across each of the passages.                       
          On page 2 of Paper No. 11 (Response to the Reply Brief), the                
          examiner has taken the somewhat inconsistent position that                  
                    In response to whether it is clear that Valyi                     
               discloses fluid passages having a common inlet and                     
               outlet, it is the examiners position that the                          
               reference clearly discloses passages 175 and a                         
               common inlet 178 and a common outlet 179.                              
                    In response to the passages being filled, it is                   
               the examiners position that the Valyi reference                        
               discloses the passages being filled with the porous                    
               material, since the fluid must enter the porous                        
               metal matrix for the device of Valyi to be operable,                   
               and it can only enter the porous metal matrix if the                   
               passages are in fluid communication with the porus                     
               metal matrix.                                                          

          Rather than reiterate the examiner's full statement of                      
          the above-noted rejections and the conflicting viewpoints                   
          advanced by the examiner and appellants regarding those                     
          rejections, we make reference to the examiner's answer (Paper               
          No. 9, mailed December 4, 1996) and the “Response to Reply                  
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