Appeal 2007-0123
Application 10/408,939
15) McCullough discloses the material for the high aspect ratio
filler and the low aspect ratio filler can also be aluminum, alumina,
copper, magnesium, brass and carbon flakes. (Col. 5, ll. 23-50).
16) The Specification discloses that “[i]n preparing the
compositions of this invention, the filler and phase change
materials are intimately mixed with the non-conductive
thermoplastic elastomer matrix.” (Specification [0026]).
17) The Specification teaches that “[t]he thermoplastic
elastomer matrix of the thermally-conductive composition
(interface) is important, because it provides a network for
containing the liquid phase change material and prevents it from
flowing out of the interface.” (Specification [0025]).
ANALYSIS AND CONCLUSIONS
The Examiner found that Duvall discloses the invention as claimed
with the exception of an explicit disclosure of the use of a blend of high and
low aspect ratio thermally conductive fillers. (Answer 4). In particular, the
Examiner found that Duvall’s “polymer” and “melting point component”
meet the limitations of the claimed “thermoplastic elastomer matrix” and
“phase change material,” respectively.1 The Examiner relies on
McCullough for a disclosure of a thermally conductive composition
comprising 25-60% by volume of fillers having a high aspect ratio of at least
10:1 and 10-25% by volume of fillers having a low aspect ratio of 5:1 or
less. (Answer 4). The Examiner’s position is that it would have been
1 Duvall refers to the polymer and melting point component collectively as
“the phase change material.”
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