Ex Parte Diehl et al - Page 8



          Appeal No. 20006-1116                                                       
          Application No. 10/450,439                                                  
          motivation to use the atomizer of Suzuki” in the admittedly known           
          cooling process especially since there is no recognition of the             
          internal clogging problem existed in the atomizer used in the               
          admittedly known cooling process as is apparent from the                    
          disclosure of Schroder.  See, e.g., the Reply Brief, pages 1-3.             
          We are not persuaded by the appellants’ argument.                           
               As indicated supra, Suzuki provides various incentives for             
          employing its impingement atomizer in the admittedly known                  
          cooling process.  More importantly, Suzuki teaches that its                 
          impingement atomizer solves the internal clogging problem and               
          other problems associated with use of conventional single hole              
          atomizers, such as those conventionally used in the admittedly              
          known cooling process.  Thus, we concur with the examiner that              
          the prior art references as a whole would have motivated one of             
          ordinary skill in the art to employ the impingement atomizer of             
          the type discussed in Suzuki in the admittedly known cooling                
          process.                                                                    
               In reaching this determination, we note the appellants’                
          implication that the reason for using an impingement atomizer               
          contemplated by the appellants is not mentioned in Suzuki or the            
          admitted prior art3.  However, the motivation to modify the                 
                                                                                     
               3 During the hearing, the appellants argued that the                   
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