Ex parte CALCATERRA et al. - Page 5




                 Appeal No. 97-0176                                                                                                                     
                 Application No. 08/313,604                                                                                                             


                 a.       Claims 1 and 9                                                                                                                
                          We sustain the rejection of claims 1 and 9 under 35                                                                           
                 U.S.C. § 103 as being unpatentable over Van Dievoet in view of                                                                         
                 Clapham.                                                                                                                               
                          Van Dievoet discloses a method of fabricating a porous                                                                        
                 end plug for a nuclear fuel rod comprising the steps of                                                                                
                 superposing thin sheets of metal to form a layered assembly,                                                                           
                 pressing the layers of the assembly together to form a                                                                                 
                 laminate in which the layers are bonded together with                                                                                  
                 directional oriented porosities between the layers, and                                                                                
                 cutting a "plug"  from the laminate (see claim 1 at columns 32                                                                                                         
                 and 4).  Specifically, Van Dievoet describes the thin sheets                                                                           
                 of metal as "sheet-iron" (col. 2, lines 27 and 28) which have                                                                          
                 been oxidized on their surface.  The reference further                                                                                 
                 discloses that the cut out piece or blank 7 may be cut out of                                                                          
                 the sheet metal shown in Figure 3 in a perpendicular direction                                                                         
                 to the laminating process (col. 3, lines 4-8).  In Figure 4,                                                                           
                 Van Dievoet shows a plug 3 which was cut out of the sheet-iron                                                                         
                 of Figure 3 (col. 2, lines 6-8).  The plug is shown in Figure                                                                          


                          2Van Dievoet uses the word "plug" in referring to the                                                                         
                 cut out piece 7 in col. 4, line 2.                                                                                                     
                                                                         -5-                                                                            




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