Ex Parte Weaver - Page 2



             Appeal 2007-0612                                                                                  
             Application 09/838,866                                                                            
                                             THE INVENTION                                                     
                   The Appellant claims a horseshoe made of a specified metal matrix                           
             composite.  Claim 1 is illustrative:                                                              
                                1. A metal matrix composite horseshoe having                                   
                          improved vibration damping and stiffness, said horseshoe                             
                          comprising a metal matrix composite that is formed from                              
                          a molten metal selected from the group consisting of                                 
                          aluminum, magnesium, titanium and mixtures thereof,                                  
                          and from particles of silicon hexaboride and mixtures                                
                          thereof, said silicon boride composition being present in                            
                          a range from about 0.1 to about 80 weight percent in said                            
                          molten metal.                                                                        


                                            THE REFERENCES                                                     
             Eom     US 5,344,608  Sep.    6, 1994                                                             
             Weaver    US 5,573,607  Nov. 12, 1996                                                             

                                             THE REJECTION                                                     
                   Claims 1-14 stand rejected under 35 U.S.C. § 103 as being unpatentable over                 
             Eom in view of Weaver.                                                                            
                                                  OPINION                                                      
                   We reverse the aforementioned rejection and remand the application to the                   
             Examiner.                                                                                         
                   Eom discloses a race horse horseshoe comprised of a metal alloy made by                     
             mixing, by weight, 0.5-0.10% Si, 0.05-0.1% Fe, 0.10-0.20 % Cu, 0.10-0.20% Mn,                     
             3.00-5.00% Mg, 0.05-0.15% Cr, 0.05-0.10% Zn, and 96.6-94.15% Al (col. 1,                          

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