Appeal No. 97-2414
Application 08/417,303
prior art to modify the integrated cooling structure of Chao-
Fan Chu in the manner urged by the examiner so as to arrive at
the subject matter set forth in appellants’ independent claims
1, 7 and 17 on appeal. Thus, the examiner's rejection of
appellants’ claims 1, 4, 7, 8, 12, 13, 17 and 18 under 35
U.S.C. § 103 as being unpatentable over Chao-Fan Chu in view
of Valyi will not be sustained.
We have also reviewed the Japanese patent to Suzumura
applied by the examiner in the § 103 rejection of dependent
claims 2, 5, 9, 14 and 19. However, while the examiner has
relied upon this reference to teach an aluminum metallic
porous material, we note that Valyi (col. 3, lines 3-6)
already indicates that the porous material therein may be
formed of aluminum. Thus, in this regard, we find Suzumura to
be merely surplusage. Accordingly, the examiner's rejection
of claims 2, 5, 9, 14 and 19 on appeal under 35 U.S.C. § 103
will likewise not be sustained.3
3However, we strongly suggest that both the examiner and appellants
review the translation of Suzumura, particularly as it relates to using a
metallic porous matrix material (e.g., 30 of Figures 3 and 4) in the passages
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