Appeal No. 97-2414
Application 08/417,303
Valyi to be entirely without merit. Moreover, we note, as
appellants have, that such a modification would not result in
a “cold plate” or “cold plate system” as set forth in
appellants’ independent claims 1 and 7 on appeal, or teach or
suggest a method as set forth in independent claim 17 on
appeal.
In addition, contrary to the examiner’s statements on
pages 4-5 of the answer, when we consider the collective
teachings of Chao-Fan Chu and Valyi, we find nothing therein
which would have been suggestive to one of ordinary skill in
the art of providing the passages/channels (e.g., 1704 of Fig.
17) of Chao-Fan Chu with a metallic porous matrix like that
seen in Valyi at (177).
In our opinion, the examiner’s above position is based on
impermissible hindsight gleaned from appellants’ own
disclosure and not from any fair teaching or suggestion found
in the applied patents themselves. Absent the disclosure of
the present application, it is our opinion that one of
ordinary skill in the art would not have been motivated by the
teachings of the applied
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