Appeal No. 2005-2646
Application No. 09/948,377
of the filter, wherein the circular fins are 360 degrees starting in the center and
increasing in diameter to the outer top edge (see the cap portion of the filter), wherein
the circular fins are rectangular in shape from bottom to top” (final rejection, page 3).
Based on the collective teachings of Bartalone and Mitterer, the examiner concludes
that it would have been obvious to one of ordinary skill in the art at the time of
appellant’s invention to modify the linearly formed fins of Bartalone (Figs. 10-11) with
the circularly formed fins as taught by Mitterer (Fig. 8) in order to provide a more
efficient cooling means by providing a more cooling surface such as a “domed” top.
The examiner further opines that
“[a]s to the matter of fins being incorporated and limited to the
top of an oil filter, it would have been obvious to limit the fins
to the top portion of the filter since one of ordinary skill in the
art can easily adapt the shape and size of the filter to include
the fins only on the top portion of the filter so that a space
can be saved.
Even if the Mitterer fails to suggest to
one of ordinary skill in the art to modify the fins of Bartalone
et al., it would be obvious to modify the shape of the fins of
Bartalone et al. with circular fins since the Examiner takes
Official Notice of the fact that such shaping of the fins to cool
devices and its practice to maximize the cooling effect would
be within the level of ordinary skill in the art" (final rejection,
page 3).
Appellant argues that Mitterer is directed to a fuel condenser that cools fuel on its
way from the fuel tank to an internal combustion engine to prevent vapor lock, and thus
is not in the field of appellant’s invention. Moreover, it is apparent that appellant is of
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