Appeal No. 1999-2131 Page 10
Application No. 08/971,504
Du Mond discloses nonferrous alloy wear-resistant
materials including Stellite 6B, the most widely-used cobalt-
base wear alloy. It is disclosed that the ability of Stellite
6B parts to withstand the abrasive effects of hard, sharp
particles makes them especially useful in, for example, rock
crushers and rollers. Stellite 6B is also described as
resistant to seizing, galling and erosive wear.
After the scope and content of the prior art are
determined, the differences between the prior art and the
claims at issue are to be ascertained. Graham v. John Deere
Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).
The examiner does not clearly identify the differences
between the relied-on prior art and claims 1-24, 26, 27, 41-
48, 53, 54, 59-64, 69 and 70. The examiner states that Drake
discloses all of the claimed elements "except for those shown
by Metals Handbook [Du Mond]" (final rejection, page 2).
However, the examiner does not identify the limitation(s) of
the appellants' claims which he believes are found in Du Mond
but lacking in Drake. The examiner argues that
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