Appeal No. 20006-1116
Application No. 10/450,439
atomizer caused by free radical polymerization. See In re
Ludwig, 353 F.2d 241, 147 USPQ 420 (CCPA 1965). When the
atomizer can no longer function as the atomizer due to the
external clogging caused by sticky polymer, one of ordinary skill
in the art will readily observe such problem after the atomizer
is removed from a cooling chamber. This is especially true in
this case since Schroder, relied upon by the appellants, teaches
that one of ordinary skill in the art knows that in the
admittedly known cooling process, acrylic acid undergoes free
radical polymerization. See column 1, lines 59-65. Thus, from
our perspective, one of ordinary skill in the art recognizing the
advantage of the impingement atomizer of the type discussed in
Suzuki, i.e., a fluid stream being sufficiently pressurized to
wash away foreign matter clogging the nozzle port, would have
been led to use such atomizer to reduce the observed clogging
problem of the nozzle port associated with the admittedly known
cooling process.
Thus, for the reasons set forth above and in the Answer, we
concur with the examiner that the prior art references would have
rendered the subject matter defined by all the claims on appeal
obvious to one of ordinary skill in the art within the meaning of
35 U.S.C. § 103.
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