Ex Parte Dobesberger et al - Page 8




              Appeal No. 2006-0010                                                               Page 8                
              Application No. 10/170,538                                                                               


              The Examiner has not identified portions of the Kenny, Jin >324 and Jin >358                             
              references which discloses this condition.  The rejections of these claims are reversed.                 
                     Claim 68 is directed to metal foam part comprising a metal matrix having pores                    
              evenly distributed therein.  The claim specifies that the pores are closed and have at                   
              least one of an essentially spherical and an essentially ellipsoid shape and the largest                 
              dimensions of the pores show a monomodal distribution.  The claim further specifies                      
              that the inner wall surfaces of said pores comprise at least in part oxidized metal matrix.              
                     The portions of the Kenny and the Jin references identified by the Examiner for                   
              describing the features of the claimed invention are incorrect.  While the references                    
              disclose the use of metal oxides in the formation of the pores of the metal melt, the                    
              references do not disclose the shape of the pores and that the largest dimensions of the                 
              pores show a monomodal distribution.  The disclosure in the references that the pores                    
              have uniform size does not necessarily indicate the shape of the pores or the                            
              distribution thereof.  The rejections of claim 68 over Kenny, Jin >324 and Jin >358  are                 
              reversed.                                                                                                
              The Rejection under  ' 103 over Sang                                                                     
                     Claims 21-58 and 60-62 stand rejected under 35 U.S.C. 103(a) as obvious over                      
              Sang.  (Final Rejection, pp. 3-4).  We reverse.                                                          
                     According to the Examiner, Sang teaches a method and device for forming a                         
              metal foam including introducing gas by means of an oscillating pipe.  The Examiner                      







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