Appeal 2007-0123
Application 10/408,939
ISSUE
The Examiner contends that it would have been obvious to modify
Duvall’s composition to include the filler materials disclosed in
McCullough. Appellants contend that Duvall fails to disclose an elastomer
matrix forming a network in which the phase change material is contained.
The issue for us to decide is: Has the Examiner shown that Duvall’s
composition inherently possesses the claimed structure?
For the reasons discussed below, we answer this question in the
affirmative. Accordingly, we affirm the Examiner’s rejection of claims 1-
10.
RELEVANT FINDINGS OF FACT (“FF”)
1) Duvall discloses a thermal interface material composed of a
thermally conductive filler and a phase change material. (Col. 5,
ll. 29-30).
2) Duvall indicates that the thermally conductive filler can be a
mixture and should be “selected from a variety of materials.” (Col.
5, ll. 31-36). Suitable thermally conductive filler include “boron
nitride, aluminum oxide, nickel powder, copper flakes, graphite
powder, powdered diamond and combinations thereof.” (Claim
15). The bulk conductivity of the mixture of thermally conductive
fillers should be between 0.5 and 1000 W/m-ēK (col. 5, ll. 36-37).
3) Duvall states that the particle size distribution and filler
loading should be selected to maximize packing, thereby
producing the most efficient thermal conductance. (Col. 5, ll. 41-
44).
3
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Last modified: September 9, 2013