Appeal No. 2006-0010 Page 11
Application No. 10/170,538
would focus on the geometric design of the gas outlets of the devices disclosed therein
to determine the appropriate shape or configuration to render the claimed subject matter
obvious. The rejection of the claims under ' 103 over Sang is reversed.
The Rejection under ' 103 over Jin >358
Claims 21-63 stand rejected under 35 U.S.C. 103(a) as obvious over Jin >358.
The rejection of claims 21-32, 37, 39-58 and 60-62 over Jin >358 is affirmed. The
rejection of claims 33-36, 38, 59 and 63 is reversed.
Regarding independent claim 21 and dependent claim 37, the Examiner asserts
Jin >358 teaches a method and device for forming a metal foam including introducing
gas by means of an oscillating pipe. The Examiner asserts that Jin >358 shows all the
aspects of the rejected claims Aexcept the specifically recited gas device configuration,
specifically the instantly recited outlet opening and pipe face sizes or configurations.@
(Answer, p. 5). Jin >358 states A[t]he cell size of the foam being formed is controlled by
adjusting the air flow rate, the number of nozzles, the nozzle size, the nozzle shape and
the impeller rotational speed.@ (Col. 3, ll. 17-21). The Examiner asserts that Aabsent
any demonstrated new or unexpected results arising therefrom, motivation to alter the
shape or configuration of the pipe (16) of Jin et al =358, without materially altering the
operation of the pipe (16), would have been a modification obvious to one of ordinary
skill in the art at the time the invention was made.@ (Answer, p. 6).
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