Ex parte BRISSON et al. - Page 4




          Appeal No. 96-0154                                                          
          Application No. 08/047,434                                                  


               of secondary carbides and/or coarse primary                            
               carbides, recited in the claims, would be inherent                     
               to the use of AISI D2 (or similar tool steels) when                    
               heat treated in the manner that Metals Handbook                        
               discloses as optimum for these compositions.                           


                                       OPINION                                        
               The above noted rejection cannot be sustained.                         
               As correctly indicated by the appellants, the Metals                   
          Handbook disclosure is directed to heat or tempering                        
          treatments of tool steels per se rather than a clad sheet                   
          which includes a tool steel layer and a low-alloy or mild                   
          steel layer of the type claimed by the appellants and                       
          described in, for example, the Admitted Prior Art.  Like the                
          appellants, we consider the Metals Handbook to contain no                   
          suggestion of applying the tempering treatments described                   
          therein to such clad sheets.  Moreover, the examiner's                      
          contrary view is militated against by the evidence of record                
          which reflects that tempering treatments reduce the hardness                
          of tool steels (e.g., see Figure 8 of the Metals Handbook) and              
          that reduced hardness is antithetical to the abrasion                       
          resistance characteristic desired in this art (e.g.,                        


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