The opinion in support of the decision being entered today was not written for publication and is not binding precedent of the Board.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-Page: 1 2 3 4 5 NextLast modified: November 3, 2007