Appeal No. 2000-0920
Application No. 08/829,034
Appellant’s invention pertains to a cermet1 (claims 1-10 and
35-38), and to a bone implant fabricated from an FDA approved
cermet (claims 11-18). Claims 1 and 11 are representative and
read as follows:
1. A cermet comprising a ceramic powder presintered
into a porous ceramic matrix and infiltrated with a molten
metal or metal alloy.
11. A bone implant fabricated from an FDA approved
cermet comprising a ceramic powder presintered into a porous
ceramic matrix and infiltrated with a molten metal or metal
alloy.
The references applied in the final rejection are:
Holt et al. (Holt) 4,988,645 Jan. 29, 1991
Hirayama et al. (Hirayama) 5,128,146 Jul. 07, 1992
The following rejections are before us for review:
(a) claims 11-18, under 35 U.S.C. § 112, first paragraph, as
being based on an original disclosure that fails to satisfy the
enablement and description requirements found in that paragraph
of the statute;
(b) claims 8, 36 and 38, under 35 U.S.C. § 112, second
paragraph, “as being indefinite” (answer, page 4);
1Appellant’s specification defines the term “cermet” as “a
material comprising a metal or a metal alloy and a ceramic powder
or a mixture of ceramic powders” (page 9, lines 32-33).
2
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