In re Lovin

The 2004 application was directed to a method and system of friction welding; in friction welding, a first part is rotated rapidly and brought into contact with a second part so that the heat generated between the parts fuses them. This causes material from the parts to be displaced or upset, reducing the combined lengths of the welded parts. The invention of the application is designed to decrease the variation in upset between parts from repeated use of the welding machinery by modulating the torque applied to the rotating first part. The application had 34 claims. The examiner rejected claims 1–24 and 30–34 for obviousness over three prior art references. The Board held that claims 1, 8, 17, and 23 would have been obvious and affirmed rejection of claim 30. The Federal Circuit affirmed. The Board reasonably interpreted Rule 41.37 to require more substantive arguments in an appeal brief than a mere recitation of the claim elements and a naked assertion that the corresponding elements were not found in the prior art. View "In re Lovin" on Justia Law