Appeal No. 2002-2189 Page 5
Application No. 09/194,294
available in the prior art would have led one of ordinary skill in the art to artificially age the alloys to
the specifically claimed T64 and T72 conditions. An objective basis is required to establish a prima
facie case of obviousness. In re Lee, 277 F.3d 1338, 1343, 61 USPQ2d 1430, 1433 (Fed. Cir.
2002)(The factual inquiry whether to combine references must be thorough and searching and be
based on objective evidence of record). No such objective basis is presented.
CONCLUSION
To summarize, the decision of the Examiner to reject claims 16-33 under 35 U.S.C.
§ 102(b), or in the alternative, under 35 U.S.C. § 103(a) is reversed.
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