Appeal No. 2006-0892 Page 5
Application No. 10/202,701
desired by Yang so long as the requisite flow restriction
measures taught by Yang were employed. 2
As a final point, we note appellants arguments with respect
to alleged unexpected dissipation of heat advantages for the
claimed subject matter as asserted in the sentence bridging pages
8 and 9 of the brief. In this regard, it is well settled that
appellants bear the evidentiary burden of presenting persuasive
evidence of such secondary considerations that can be weighed
together with the evidence of obviousness of record. Here,
appellants have not proffered any substantiation for those
arguments. Indeed, it would be expected that a rectangular
shaped plate would have a greater perimeter and heat dissipation
capability than a square shaped plate of equal area. For
example, an 8X8 inch square shaped plate face would have a
perimeter of 32 inches while a 16X4 rectangular shaped plate side
face, while including an equal area to the 8X8 square plate,
would have a 40 inch perimeter edge (25% greater than the square
shaped plate) which would be expected to enhance heat dissipation
at the edges.
2Because we find that the teachings of Yang are adequate to
render the claimed subject matter prima facie obvious, we need
not reach the examiner’s further reliance on the teachings of
Rippel and appellants’ arguments there against.
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