Ex Parte Smith - Page 8




            Appeal No. 2003-0574                                                                              
            Application No. 09/568,616                                                                        


            the honeycomb layer 10 to a second honeycomb layer 14.  (Col. 3, ll. 37 to 40).  The              
            second honeycomb layer 14 is positioned around the metal layer 12.  The second                    
            honeycomb layer 14 comprises a plurality of pores that absorb energy by deforming if the          
            flywheel 6 fails.  (Col. 3, ll. 49 to 51).  The second honeycomb layer 14 may be a                
            deformable polymeric material or an expanded metal such as aluminum, brass or steel.              
            (Col. 3, ll. 64 to 67).                                                                           
                   The device 2 also includes a containment vessel 18 for supporting the honeycomb            
            structure 8.  (Col. 4, ll. 25 to 29).  The containment vessel 18 may be a composite or a          
            metal such as steel.  Miller discloses when the vessel is a composite, composites such as         
            metal matrix composites are suitable, but resin matrix composites are preferred.  (Col. 4,        
            ll.  34 to 36).                                                                                   
                   Miller’s containment device describes that the inner structural layer 12, the energy       
            absorbing layer 14 and the outer structural layer 18 can be formed of different materials.        
            We therefore conclude that the subject matter of claims 11, 12, 15-17, 19, 21, 24 and 25          
            would have been obvious to a person of ordinary skill in the art.                                 
                   Miller discloses the containment vessel 18 should be constructed of materials              
            which are sufficient to contain a blast such as resin composites and metals.  (Col. 4, ll. 36     
            to 46).  We therefore conclude that Miller would have rendered the subject matter of              

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