Appeal No. 1999-1461
Application No. 08/812,916
Hosokawa et al. (Hosokawa) 4,816,313 Mar. 28,
1989
All of the claims on appeal stand rejected under 35
U.S.C.
§ 103 as being unpatentable over Hosokawa in view of Yonekura.
We refer to the brief and to the answer for a complete
exposition of the opposing viewpoints expressed by the
appellants and by the examiner concerning the above noted
rejection.
OPINION
This rejection cannot be sustained.
It is the examiner’s basic position that it would have
been obvious to replace the surface layer composition of
Hosokawa with the surface layer composition of Yonekura,
thereby obtaining a material having a surface layer and a base
layer in accordance with the independent claim on appeal.
However, even assuming without deciding that it would have
been obvious to combine the applied reference teachings in the
manner proposed by the examiner, we cannot agree with the
examiner that the resulting combination of Hosokawa’s base
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