Appeal No. 95-5148 Page 5
Application 08/121,794
Appellants' claimed Markush group of nitrides (claim 2), but
the teaching is broad enough to cover all refractory metal
nitrides, of which Wittmer considers TiN representative
(p. 278). Wittmer identifies the other members of the claimed
Markush group, tungsten (W) and molybdenum (Mo), as refractory
metals (e.g., p. 277, Table II). A person having ordinary
skill in the art contemplating the combination of the admitted
prior art and Wittmer would have been inexorably drawn to the
claimed subject matter.
DECISION
The examiner's rejection of all claims on appeal is
reversed. We enter a new ground of rejection for claims 1-5
as unpatentable under section 103 in view of the admitted
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