Ex Parte Grinberg et al - Page 5



           Appeal No. 2006-2231                                                                    
           Application No. 10/306,120                                                              

           flexible corrugated conduit in the metal spraying process of                            
           Singer.                                                                                 
                 As for separately argued claims 9, 10, and 28 which specify                       
           that the metal droplets are zinc or zinc alloy, we fully concur                         
           with the examiner that "[s]ince zinc and its alloy are                                  
           compatible with the copper and steel and has good thermal                               
           conductivity, it would have been obvious to use the zinc or its                         
           alloy as the spraying metal in the process of Singer et al."                            
           (page 5 of Answer, second paragraph).  Manifestly, one of                               
           ordinary skill in the art would have found it obvious to use any                        
           metal that is capable of spraying and has the requisite                                 
           properties for bonding and thermal conductivity.                                        
                 As a final point, we note that appellants base no argument                        
           upon objective evidence of nonobviousness, such as unexpected                           
           results, which would serve to rebut the prima facie case of                             
           obviousness established by the examiner.                                                
                 In conclusion, based on the foregoing and the reasons well-                       
           stated by the examiner, the examiner's decision rejecting the                           
           appealed claims is affirmed.                                                            




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