Appeal No. 95-3209
Application No. 08/020,304
The Rejection based on Yamamoto in view
of the Admitted Prior Art
The propriety of this rejection depends upon the
interpretation given to Yamamoto’s disclosure at lines 10
through 16 in column 5 and at lines 39 through 44 in column
11. According to the appellants’ interpretation of this
disclosure, “the reference specifically states that you do not
want to melt any of the powder during the heating process,
which accomplishes sintering, and during which deforming or
shaping can occur” (Brief, page 6). Stated otherwise, the
appellants interpret Yamamoto’s heating/sintering disclosure
in columns 5 and 11 as teaching “that the temperature is
selected to be in a range of below the lowest melting point of
any constituent” (Supplemental Reply Brief, page 2). We do
not agree with the appellants’ interpretation of Yamamoto.
In the first place, the appellants are plainly incorrect
in arguing “the [Yamamoto] reference specifically states that
you do not want to melt any of the powder during the heating
process” and in arguing “Yamamoto [states] that the
temperature is selected to be in a range of below the lowest
melting point of any constituent.” No such statements appear
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