Appeal 2007-0136
Application 90/006,222
Although the specification, the brief, and the reply mention optimum
performance,37 the comparison in question is between sintered carbide
versus sintered and cast carbide. The art, however, appreciated that mixtures
could provide advantages over just one form of carbide alone. BHI has not
shown that there is anything unexpected about the result reported.38
As previously discussed, the art also knew that generally spherical
carbide particles were better than conventional crushed carbide particles.39
While the cited reference (Findeisen) described cast carbide particles,
Findeisen's reason for preferring a generally spherical shape (corners, edges,
and projections melt more easily) would be true for any carbide particles.
Newman teaches the use of spherical cast carbide particles in the tube
coating, but the external and internal carbides both contribute to the
hardfacing. There is nothing in Newman that would discourage those skilled
in the art from using the same cast spherical carbides in the filler as well as
the coating. Indeed, the art appeared to appreciate the value of spheres
already.
Synthesis
All of the elements of the claims existed in Newman: matrix-metal
tubes, sintered and cast carbides, and generally spherical shaped particles.
The advantages of sintered carbides versus cast carbides versus other
carbides were already understood in the art. From Newman, we see that
37 E.g., Reply 4, citing Spec. 6:19-67.
38 KSR Int'l, 127 S. Ct. at 1742, 82 USPQ2d at 1397 (discussing the
obviousness of trying combinations of finite options to solve known
problems).
39 Spec. 2:1-12.
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