Ex Parte Rattner et al - Page 1



               The opinion in support of the decision being entered                   
                  today was not written for publication and is not                    
                          binding precedent of the Board.                             


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                                                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                                                                     
                    Ex parte DAVID RATTNER and JOSEPH A. O'LEARY                      
                                                                                     
                                Appeal No. 2004-1690                                  
                             Application No. 10/223,901                               
                                                                                     
                                      ON BRIEF                                        
                                                                                     
          Before KIMLIN, KRATZ and JEFFREY T. SMITH, Administrative Patent            
          Judges.                                                                     
          KIMLIN, Administrative Patent Judge.                                        

                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 1-3,              
          all the claims remaining in the present application.  Claim 1 is            
          illustrative:                                                               
               1.  A radiator element comprising a gas-permeable conductive           
          metal foam composed of a homogeneous network with a plurality of            
          inter-connected cells, said gas-permeable conductive metal foam             
          attached to a plenum within a radiant burner, said gas-permeable            
          conductive metal foam supporting combustion of a fuel-oxidant               
          mixture within said inter-connected cells, said gas-permeable               
          conductive metal foam communicating heat away from said                     
          homogeneous network in a radiant fashion, said gas-permeable                
                                         -1-                                          



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