Ex parte BACCINI - Page 14




                   Appeal No.         95-5066                                                                                                                      
                   Serial No.         07/931,330                                                                                                                   
                   greater surface area, thereby increasing fuel cell efficiency.  The cell core is heated in a two-step cycle                                     

                   wherein a temperature of approximately 1000E F extracts the binder and the second step heating to                                               

                   approximately 1200-1600E F sinters the core to fuse the remaining ceramic particles to form a rigid fuel                                        

                   cell core.  (column 5, lines 4-20; column 9, line 37 - column 10, line 57)                                                                      

                            The examiner has failed to make the required factual inquiries mandated by Graham v. John                                              

                   Deere, Co. 383 U.S. 1 (1966); and, has failed to explain why or how one having ordinary skill in the                                            

                   art would have combined the teachings of Kaun and Kotchick.  Since, on this record, the examiner has                                            

                   not established a prima facie case of obviousness, we reverse the rejection.                                                                    



                            b.  Kaun in view of Huebner                                                                                                            

                            Kaun has been described above.                                                                                                         

                            Huebner relates to structural panels, e.g., for use in aircraft components, which incorporate a                                        

                   "honeycomb core" (column 1, lines 7-12).  Specifically, Huebner fabricates a                                                                    

                   corrosion-resistant, impact-resistant, and heat-resistant core by welding or otherwise melting                                                  

                   thermoplastic sheets together at spaced locations, thus eliminating the use of thermosetting adhesives,                                         

                   solvents and other chemical bonding agents.  In one embodiment, thermoplastic sheets are welded and                                             

                   then expanded to form a honeycomb core.  In another embodiment, the sheets are                                                                  






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