Appeal No. 2004-1690
Application No. 10/223,901
conductive metal foam minimizing temperature gradients with said
metal foam so as to be resistant to mechanical damage associated
with flashback and heat related fatigue.
The examiner relies upon the following references as
evidence of obviousness:
Buehl 4,533,318 Aug. 6, 1985
D. Haack et al. (Haack), Novel-Lightweight Metal Foam Heat
Exchangers," Porvair Advanced Materials Inc. - Innovation With
Materials Technology, www.porvair.com/mainpam.htm (see section
under Product Applications)
Appellants' claimed invention is directed to a radiator
element comprising a gas-permeable metal foam that is attached to
a plenum within a radiant burner. The metal foam is composed of
a homogeneous network within a plurality of inter-connected
cells, or voids, with the metal foam supporting combustion within
the inter-connected cells.
Appealed claims 1-3 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Buehl in view of Haack.
We have thoroughly reviewed the respective positions
advanced by appellants and the examiner. In so doing, we find
ourselves in agreement with appellants that the examiner has
failed to establish a prima facie case of obviousness for the
claimed subject matter. Accordingly, we will not sustain the
examiner's rejection.
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