Ex Parte Clifford - Page 4




         Appeal No. 2003-1379                                                       
         Application No. 09/769,334                                                 



         remedy this deficiency, the examiner relies on the disclosure of           
         Allen.  We, like the examiner, find that Allen teaches filling             
         the interior of a fuel tank having a volatile fuel with an open            
         cell polyurethane foam.  See column 4, lines 8-64.  According to           
         Allen (column 4, lines 32-46):                                             
              It [foam] does not substantially increase weight, which               
              is an important factor in aviation application.  The                  
              geometry and size of the cells is [sic., are]                         
              important.  The reticulated structure keeps flame                     
              propagation from reaching the velocity necessary for                  
              explosion.  It dissipates some of the heat generated at               
              ignition and the foam operates as a heat sink so as to                
              provide a cooling action.  The skeletal strands break                 
              up the compression wave that precedes a flame front in                
              explosion.  Furthermore, the skeletal structure absorbs               
              energy from the initial contained explosion.                          
              Therefore, the cellular structure absorbs, divides and                
              dissipates energy, whether the energy is thermal or                   
              physical compression, heat, or explosion.  The                        
              structure also provides the foam with an unusual                      
              weight-bearing and stress-distributing property.                      
              (Emphasis added).                                                     
              Given the above safety advantages in employing an open cell           
         polyurethane foam in an aircraft fuel tank, we determine that one          
         of ordinary skill in the art would have been led to at least               
         partially fill the aircraft fuel tanks taught in Beuck with an             
         open cell polyurethane foam having appropriate cell sizes,                 




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