Ex Parte Krause

Board of Patent Appeals and Interferences

Apr 6, 2010

11110639 (B.P.A.I. Apr. 6, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte BERND KRAUSE
____________

Appeal 2009-014225
Application 11/110,639
Technology Center 1700
____________

Decided: April 6, 2010
____________

Before EDWARD C. KIMLIN, PETER F. KRATZ, and MARK NAGUMO,
Administrative Patent Judges.

KIMLIN, Administrative Patent Judge.

DECISION ON APPEAL

This is an appeal from the final rejection of claims 1, 3, 6, 7, 9-11, 13-
15 and 21. Claim 1 is illustrative:
1. A laminated hydraulic control valve block
having increased strength comprising:
a plurality of segmental plates stacked one on top of
another and connected with one another by nickel solder,
Appeal 2009-014225
Application 11/110,639

2
wherein each of the segmental plates is adhesively
connected to another by high-temperature soldering,
wherein the nickel solder is located flat on the segmental
plates prior to the soldering,
wherein adjacent segmental plates that are connected to
each other have a nickel solder joint which has a thickness
ranging from 10 microns to 30 microns, and
wherein the thickness of the nickel solder joint is
uniformly formed during the high-temperature soldering.
The Examiner relies upon the following references as evidence of
obviousness:

Hermann 6,677,054 B1 Jan. 13, 2004
Matsumoto 6,959,492 B1 Nov. 1, 2005

Appellant’s claimed invention is directed to a laminated hydraulic
control valve block comprising a plurality of segmental plates bonded
together by a nickel solder. The thickness of the solder joint is from 10-30
microns
Appealed claims 1, 3, 6, 7, 9-11, 13-15 and 21 stand rejected under 35
U.S.C. § 103(a) as being unpatentable over Hermann in view of Matsumoto.
Appellant presents a separate, substantive argument only for claim 21.
Accordingly, with the exception of claim 21, all the appealed claims stand or
fall together with claim 1.
We have thoroughly reviewed each of Appellant’s augments for
patentability. However, we are in complete agreement with the Examiner’s
reasoned analysis and application of the prior art, as well as his cogent and
thorough disposition of the arguments raised by Appellant. Accordingly, we
Appeal 2009-014225
Application 11/110,639

3
will adopt the Examiner’s reasoning as our own in sustaining the rejection of
record, and we add the following for emphasis only.
There is no dispute that Hermann, like Appellant, discloses a
laminated hydraulic control valve block comprising a plurality of segmental
plates stacked one on top of another and connected with one another by
solder, and wherein two vertical fixing pins are in sliding engagement with
bores in each plate that are aligned with one another. Hermann, as
acknowledged by the Examiner, is silent with respect to the particular solder
material. However, Matsumoto evidences that it was known in the art to
bond stainless steel plates by using a nickel solder. Accordingly, we fully
concur with the Examiner that it would have been obvious for one of
ordinary skill in the art to select nickel solder for the brazing material of
Hermann for bonding the segmental steel plates.
We find no merit in Appellant’s argument that Hermann and
Matsumoto are not combinable because they are directed to non-analogous
arts. As pointed out by the Examiner, the second prong for the test of
analogous art is whether the references are reasonably pertinent to the same
problem. In the present case, both Hermann and Matsumoto are concerned
with bonding steel plates with a solder material. Consequently, it is
irrelevant that the ultimate products produced by the two referenced
disclosures are different.
We are also not persuaded that Hermann’s silence regarding the
thickness of the solder joint renders the claimed range of 10-30 microns
nonobvious. The Examiner has set forth an argument, not refuted by
Appellant, that one of ordinary skill in the art would reasonably expect the
thickness of Hermann’s solder joint to be within the claimed range (see page
Appeal 2009-014225
Application 11/110,639

4
7 of Ans.). Moreover, it is well settled that where patentability is predicated
upon a change in a condition of a prior art composition or material, such as
its concentration, thickness, etc., the burden is on the Applicant to establish
with objective evidence that the change is critical, i.e., it leads to a new
unexpected results. In re Woodruff, 919 F.2d 1575, 1578 (Fed. Cir. 1990);
In re Aller, 220 F.2d 454, 456 (CCPA 1955). In the present case, Appellant
has proffered no objective evidence which demonstrates that a solder joint
having a thickness within the claimed range produces unexpected results.
Furthermore, Appellant has advanced no argument, let alone the requisite
objective evidence, which establishes what one of ordinary skill in the art
would have reasonably expected the thickness of Hermann’s solder joint to
be outside the claimed range. On this record, we agree with the Examiner
that a solder joint having a thickness within the claimed range would be
what one of ordinary skill in the art would have reasonably employed when
following the teachings of Hermann.
As for separately argued claim 21 which recites that ‘the nickel solder
joint forms piston guides in the at least one boring”, we agree with the
Examiner that it is reasonable to conclude that the solder joints of Hermann,
in conjunction with the fixing pin rods 67, function as hard guides, at least to
the unspecified degree claimed.
As a final point, we note that Appellant bases no argument upon
objective evidence of nonobviousness, such as unexpected results.
In conclusion, based on the foregoing and the reasons well stated by
the Examiner, the Examiner’s decision rejecting the appealed claims is
affirmed.
Appeal 2009-014225
Application 11/110,639

5
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136 (a)(1)(v).

AFFIRMED

kmm

THE WEBB LAW FIRM, P.C.
700 KOPPERS BUILDING
436 SEVENTH AVENUE
PITTSBURGH, PA 15219