Ex parte PRICE et al. - Page 3




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


          examiner has taken the position that Chao-Fan Chu discloses                 
          the invention as claimed except that it does not disclose a                 
          porous metallic matrix filling the fluid passageways therein.               
          The examiner goes on to indicate that                                       


               Valyi teaches a porous metal matrix 177 filling a                      
               fluid passage in a cold plate (col. 1, line 55).  It                   
               would have been obvious to one having ordinary skill                   
               in the art at the time the invention was made to                       
               substitute the passages of Chao-Fan Chu et al. for                     
               the metal matrix of Valyi in order to have an equal                    
               flow rate through the fluid passage (cot. [sic,                        
               col.] 1, lines 45-48).                                                 

          Claims 2, 5, 9, 14 and 19 stand rejected under 35 U.S.C.                    
          § 103 as being unpatentable over Chao-Fan Chu in view of                    
          Valyi as applied above, and further in view of Suzumura.                    

          Claims 3, 6, 11 and 16 also stand rejected under 35                         
          U.S.C.  § 103 as being unpatentable over Chao-Fan Chu in view               
          of Valyi as applied above, and further in view of Suzumura.                 

          Claims 10 and 15 also stand rejected under 35 U.S.C. §                      
          103 as being unpatentable over Chao-Fan Chu in view of Valyi.               

          Claim 1 stands rejected under 35 U.S.C. § 102(b) as being                   

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