Ex parte SCHNEIDER - Page 6




          Appeal No. 98-2559                                                          
          Application 08/633,101                                                      


          Styrofoam layer gradually disappears, delaying contact with                 
          the core (bubbled body of aluminum), and without melting and                
          deforming of the core.                                                      


               The examiner is of the view that since the purpose of the              
          Kawai invention was to produce a lightweight composite, it                  
          would have been obvious to preform the core with a nonporous                
          skin to prevent molten metal from infiltrating the pores                    
          during the casting process (final rejection, Paper No. 8; page              
          4 of the answer, Paper No. 11).                                             


               Setting aside what appellant has taught us in the present              
          application, it is clear that the applied Kawai teaching alone              
          would not have provided one having ordinary skill in the art                
          with a suggestion for preforming a nonporous skin on the core               
          1 of the reference. Since the only evidence of obviousness                  
          before us would not have been suggestive of the claimed                     
          invention, we must reverse the rejection of appellant’s claims              
          under 35 U.S.C. § 103.                                                      


               In summary, this panel of the board has reversed the                   
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