Ex parte MATOSSIAN et al. - Page 8




          Appeal No. 95-3366                                                          
          Application No. 08/113,550                                                  


               Under the provisions of 37 CFR § 1.196(b), we enter the                
          following new grounds of rejection:                                         
               (1) Claim 14 is rejected under 35 U.S.C. § 103 as being                
          unpatentable over European '550.  The reference discloses at                
          column 4, first paragraph, the claim requirement for a continuous           
          series of pulses.                                                           
               (2) Claims 16 and 34 are rejected under 35 U.S.C. § 103 over           
          European '550 in view of the admitted state of the prior art and            
          Japanese '280.  Appellants' specification, at page 2, and                   
          Japanese '280 at, for example, page 7 of the English translation,           
          evidence that accelerated cooling of the treated workpiece was              
          known in the art.                                                           
               (3) Claim 20 is rejected under 35 U.S.C. § 103 as being                
          unpatentable over European '550 in view of Giacobbe.  As                    
          explained above, we find that it would have been obvious for one            
          of ordinary skill in the art to employ the process of the                   
          European reference to treat at least two workpieces rather than             
          just one.  Also, Giacobbe discloses that only a very small number           
          of system modifications are required in order to facilitate the             
          heat treatment of a large number of specimens (column 2, lines 40           
          et seq.).                                                                   
               In conclusion, based on the foregoing, the examiner's                  
          rejection of claims 12, 13, 15, 28-31 and 33 over European '550             
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