Ex parte SEGUIN - Page 3




          Appeal No. 94-1325                                                          
          Application No. 07/882,928                                                  


                    directing the intense beam of energy                              
                    towards the cracks in the metal;                                  
                    vaporising [sic] metal within the rail or                         
                    wheel in the vicinity of the cracks to                            
                    form a vapour space extending at least 5                          
                    mm into the rail or wheel;                                        
                    moving the beam of energy along the rail                          
                    or wheel at a speed such that the metal                           
                    surrounding the cracks melts when the beam                        
                    of energy is directed towards the metal                           
                    and solidifies after the intense beam of                          
                    energy moves on to form a narrow strip of                         
                    melted and solidified metal; and                                  
                    depositing an alloying material within the                        
                    vapour space to form a microstructure upon                        
                    solidification of the alloying material                           
                    that is compatible with the rail metal.                           

                    As evidence of obviousness, the examiner has relied upon          
          the references listed below:                                                
          Gnanamuthu et al.             4,015,100                     Mar. 29,        
          1977                                                                        
          (Gnanamuthu)                                                                
          Shupe                         4,201,602                     May   6,        
          1970                                                                        

                    The following rejection is before us for review.                  
                    Claims 5 through 7, and 11 stand rejected under 35                
          U.S.C.  § 103 as being unpatentable over Gnanamuthu in view of              
          Shupe.                                                                      

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