Ex Parte Geving et al - Page 2

                Appeal 2006-2380                                                                               
                Application 10/791,079                                                                         

                                               INTRODUCTION                                                    
                      Appellants claim a powder blend composition for use in a solid free                      
                form fabrication process, such as a laser sintering process (Specification 1;                  
                claim 1).  The powder blend is composed of metal powder blended with or                        
                coated with a polymeric binder system and also includes a high melting                         
                temperature fine particulate metallic, intermetallic, or ceramic (Specification                
                12).                                                                                           
                      Claim 1 is illustrative:                                                                 
                      1. A powder blend for use in a laser sintering process comprising:                       
                a steel alloy of about 88.75 to about 92.75 percent by weight selected from                    
                the group consisting of a mild steel alloy, a carbon steel and a stainless steel;              
                a polymeric binder from about 1.25 to about 2.25 percent by weight; and                        
                a high melting temperature fine metallic, intermetallic, or ceramic particulate                
                of greater than about 5 percent and less than about 15 percent by weight.                      

                      The Examiner relies on the following prior art references as evidence                    
                of unpatentability:                                                                            
                Gardner   US 4,554,218  Nov. 19, 1985                                                          
                Luk    US 5,782,954  Jul. 21, 1998                                                             
                Bray    US 6,048,379  Apr. 11, 2000                                                            

                      The rejections as presented by the Examiner are as follows:                              
                   1. Claims 1-7, 9-11, 34-44, 50, and 51 are rejected under 35 U.S.C.                         
                      § 103(a) as being unpatentable over Gardner.1                                            

                                                                                                              
                1  Claim 44 was inadvertently omitted from the statements of the rejections.                   
                However, the record is clear that claim 44 should be rejected under § 103(a)                   
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